AUTONOMY  AND  FEDERATION 
WITHIN   EMPIRE 

THE  BRITISH   SELF-GOVERNING 
DOMINIONS 


Carnegie  Endowment  for  International  Peace 
division  of  international  law 

PAMPHLET  No.   3  3 


Pamphlet  Series  of  the 

Carnegie  Endowment  for  International  Peace 

Division  of  International  Law 

No.  33 


AUTONOMY  AND   FEDERATION 
WITHIN  EMPIRE 


THE  BRITISH   SELF-GOVERNING 
DOMINIONS 


PREPARED  UNDER  THE  SUPERVISION  OF 

JAMES   BROWN   SCOTT 

Director  of  the  Division  of  International  Law  of  the  Carnegie  Endowment 
for  International  Peace 


PUBLISHED   BY  THE   ENDOWMENT 

WASHINGTON 

1921 


COPYRIGHT   1921 

BY   THE 

CARNEGIE  ENDOWMENT  FOR  INTERNATIONAL  PEACE 
Washington,  D.  C. 


JV 
Cfcta. 

PREFACE 

While  the  political  experiences  of  other  peoples  might 
yield  material  of  value  for  the  student  of  the  problem  of 
autonomy  within  empire,  it  is  safe  to  say  that  in  no  empire 
or  kingdom  has  the  evolution  of  the  relation  under  examina- 
tion been  as  consistent  in  time,  uniform  in  its  various  local 
manifestations,  deliberate  in  purpose  and — as  it  now  ap- 
pears, in  looking  back  over  the  process — as  archetypical  as 
,  it  has  been  in  the  British  imperial  commonwealth.     Hence 
it  has  seemed  wise  to  confine  the  exhibits  of  evidence  on 
this  question  to  "  the  Dominions,"  as  recognized  by  that 
§  title  and  listed  by  name  in  1914  in  the  British  Nationality 
^  and  Status  of  Aliens  Act. 

>_  There  is  a  wealth  of  material  upon  the  political  develop- 
sment  of  the  Dominions  to  which  a  useful  guide,  to  be  de- 
scribed later,  has  been  compiled  but  which  in  spite  of  all 
ujs  rather  cumbersome  and  uneven  in  its  utility.  A  selection 
thas  therefore  been  made  bearing  upon  the  following  points: 
Jthe  grant  of  local  constitutions  to  single  colonies  by  im- 
perial statute,  the  erection  of  a  system  of  ministerial 
^responsibility  upon  the  basis  of  the  existing  constitution  in 
na  single  colony,  the  federation  of  groups  of  single  colonies 
^nto  unions  under  constitutions  enacted  by  imperial  statute 

PS  . 

2(as  well  as  the  amendment  of  such  constitutions  by  imperial 
legislation),  constitutions  which  in  all  cases  carried  in  their 
provisions  that  system  of  ministerial  responsibility  already 
obtaining  in  the  colonies  assembled  in  the  larger  union,  and, 
finally,  direct  legislation  by  the  imperial  legislature  for  the 
Dominions — with   certain   degrees   of  option   and   freedom 


h- 


248539 


VI 


PREFACE 

reserved  for  them  in  the  matters  dealt  with — and  the  amend- 
ment by  local  action  in  the  Dominion  of  an  imperial  con- 
stitution. The  texts  of  statutes  are  completely  adequate 
for  the  purpose  of  the  student  in  all  of  these  cases  except 
the  most  critical,  namely,  the  granting  of  local  ministerial 
responsibility.  For  the  study  of  this  phase  of  the  process 
recourse  must  be  had  to  colonial  instructions  and  reports, 
and  correspondence,  often  more  or  less  personal  and  inti- 
mate, between  the  colonial  governor  and  local  politicians. 
It  may  be  that  the  real  nature  of  the  transition — such  as 
took  place  in  Newfoundland  and  in  New  Zealand  in  1855 — 
eludes  the  form  of  written  documents  altogether. 

The  following  table  may  serve  to  summarize  the  process 
by  which  the  Dominions  have  come  to  enjoy  self-govern- 
ment within  the  Mother  Empire: 


Colony 


Date  of  Grant  of 
Ministerial  Responsibility 


Ontario 

.      1839 

Quebec 

.      1839 

Nova  Scotia 

.      1848 

New  Brunswick 

.      1848 

Prince  Edward  Island 

.      1851 

Victoria 

.      1855 

New  South  Wales  . 

.      1855 

Tasmania 

.      1855 

South  Australia 

.      1855 

New  Zealand  . 

.      1856 

Queensland 

.      1859 

Manitoba  . 

.      1870 

British  Columbia 

.      1871 

Cape   Colony   . 

.      1872 

PREFACE 


Colony 

West  Australia 
Natal 

Saskatchewan   . 
Alberta 
Transvaal 
Orange  Free  State 


Date  of  Grant  of 
Ministerial  Responsibility 

1890 
1893 
1905 
1905 
1906 
1907 


2. 


3. 


The  federations  of  colonies  occurred  as  follows: 
1.  The  five  Provinces  existing  in  continental  Canada  in 
1867  were  joined  in  a  federal  union  by  the  Brit- 
ish North  America  Act  of  that  year.  To  this 
federation  were  added  from  time  to  time,  out  of 
territory  already  part  of  the  Dominion,  the  four 
remaining  North  American  Provinces  in  the  fore- 
going list. 
The  six  Australian  Colonies  of  1900  were  united  in  a 

single  federal  Commonwealth. 
The    four    autonomous    South   African    Colonies    of 
1909   were   placed   in  a  Federal  Union  by   the 
South  Africa  Act  of  that  year. 
Some   suggestions  regarding  the  literature  of  the  field 
may  be  in  place  here.     The  history  of  the  granting  of  con- 
stitutional and  responsible  governments   in  the   provinces 
and  colonies  and  of  the  process  of  federation  may  best  be 
traced  in  the  works  of  Mr.  Arthur  Berriedale  Keith,   at 
present  the  paramount  authority  in  this  field.     The  review 
provided  in  the  first  pages  of  Mr.  Keith's  Responsible  Gov- 
ernment  in   the   Dominions    (1909)    is   expanded    in   the 
first  part  of  the  first  volume  of  the  work  by  the  same  title 
issued  three  years  later    (not  a  second  edition,  however), 
and  in  the  second  volume  under  the  sections  dealing  with 


viii  PREFACE 

the  various  federal  unions.  The  legal  aspects  of  the  ques- 
tion of  imperial  control  are  canvassed  in  the  third  volume 
of  the  latter  work  and  in  the  first  part  of  Imperial  Unity 
and  the  Dominions ,  issued  in  1916.  The  last  work  also 
contains  a  suggestive  analysis  of  the  problem  in  terms  of 
imperial  and  international  politics. 

References  are  to  be  found  in  these  works  by  Keith  to 
much  other  useful  literature,  of  which  Brand's  Union  of 
South  Africa,  Lucas'  edition  of  the  Durham  report,  and 
Jenks'  little  historical  work  may  be  mentioned  here.  The 
work  of  Todd  on  Parliamentary  Government  in  the  British 
Colonies  hardly  needs  to  be  named;  it  is,  of  course,  of 
greatest  interest  upon  one  side  of  the  question. 

There  is  a  great  deal  of  material  bearing  indirectly  upon 
the  question  in  statutes  enacted  by  colonial  legislatures  in 
execution  of  imperial  statutes  granting  powers  to  these 
legislatures  to  do  certain  things,  and  in  British  imperial 
statutes  dealing  with  intra-colonial  affairs  and  non-political 
matters  such  as  land  legislation  and  boundaries;  to  this 
material  an  introduction  may  be  found  in  Lefroy's  Can- 
ada's Federal  System. 

The  grants  of  responsible  government  and  the  erection 
of  federations  were  preceded  by  other  steps  such  as,  on  the 
one  hand,  the  grant  of  representative  institutions  and  of 
powers  over  land  sales,  customs  and  mining  royalties,  and, 
on  the  other,  the  passage  (perhaps  "  negotiation  "  would 
describe  the  process  better)  of  the  Imperial  Defence  Act 
of  1888  and  the  gathering  of  the  earlier  Colonial  Confer- 
ences or  the  Imperial  Conferences  of  the  present  day. 
Upon  the  former  the  special  works  on  Newfoundland  and 
New  Zealand  may  be  consulted  such  as  the  somewhat  un- 
satisfactory histories  by  Prowse,  Hatton  and  Harvey,  and 
Rusden;  Jenks  treats  with  full  appreciation  of  their  sig- 


PREFACE  ix 

nificance  the  Land  Sales  Act  of  1842  and  similar  measures. 
Upon  the  imperial  colonial  conferences  down  to  1911  and 
during  the  recent  war  in  their  relation  to  the  movement 
for  federation  in  the  Empire  and  to  the  future  of  that 
mighty  commonwealth  of  nations  Jebb's  The  Imperial  Con- 
ference (1911)  and  Keith's  Imperial  Unity  and  the  Do- 
minions, already  mentioned,  should  be  examined.  For  the 
history  of  the  Conference  since  1916  the  newspaper  reports 
will  yield  some  results  until  better  material  is  forthcoming. 
In  view  of  the  recognition  accorded  to  the  Dominions  at 
the  Conference  of  Paris  regarding  international  affairs  it 
may  well  be  suggested  that  the  process  whereby  the  unity 
of  empire  and  the  individuality  of  colony  are  developed 
and  reconciled  is  reaching  its  perfect  conclusion  at  this 
present  time;  dependence,  independence  and  interde- 
pendence, as  between  mother  country  and  colony  and 
between  both  and  other  nations,  are  being  worked  out  in 
all  their  manifold  phases  in  a  most  startling  manner. 

The  following  documents  are  not  to  be  taken  as  giving  a 
full  or  precise  representation  of  the  present  political  organi- 
sation of  the  Dominions,  except  as  to  the  general  outlines. 
For  such  a  picture  the  student  will  need  to  take  into  account 
a  multitude  of  regulations  and  instructions  issued  from  time 
to  time  in  the  last  eighty  years  as  well  as  the  great  body  of 
statute  law  and  political  custom  and  convention  which  has 
developed  in  the  Dominions  during  the  period  of  responsible 
self-government;  it  hardly  needs  to  be  said  that  in  the 
British  Dominions  the  latter  factor  may  be  counted  as  nearly 
equal  to  the  statutes  themselves  in  determining  the  ultimate 
form  taken  by  the  political  organisation  of  the  country.  The 
following  documents  portray  the  way  in  which  the  more 
fundamental  changes  were  made,  historically,  in  the 
constitutional   framework   of   the   various   Dominions    and 


x  PREFACE 

the  relations  between  these  changes   and  what  had  gone 
before. 

While  the  collection  of  documents  was  made  under  the 
supervision  of  the  undersigned,  the  assembling  and  anno- 
tating of  the  material  were  done  by  Mr.  Pitman  B.  Potter, 
of  the  Division  of  International  Law. 

James  Brown  Scott, 
Director  of  the  Division  of  International  Law. 

Washington,  D.  C, 
March  25,  1919. 


CONTENTS 

PACE 

Bibliography xv 

Part  I. — Newfoundland 

Historical  resume 2 

An  Act  to  continue  certain  Acts  relating  to  the  Island  of  New- 
foundland, 1832 3 

Commission  establishing  representative  government  in  Newfound- 
land, 1832 4 

Royal  instructions  for  establishing  representative  government,  July 

26,  1832 17 

Royal   proclamation   establishing   representative   government,    July 

26,  1832 40 

Act  to  amend  the  constitution  of  the  Government  of  Newfoundland, 

1842 44 

Act  to  amend  the  constitution  of  the  Government  of  Newfoundland, 

1846 47 

Act  to  render  permanent  certain  parts  of  the  constitution  of  the 

Government  of  Newfoundland,  1847   ......        49 

Despatch  from  the  Colonial  Office  to  the  Governor  of  Newfoundland 
authorizing  the  establishment  of  responsible  government,  Feb- 
ruary 21,  1854 52 

Report  of  the  Governor  of  Newfoundland  on  the  conditions  of 
opinion  in  the  colony  relative  to  responsible  government,  Feb- 
ruary 23,   1854 55 

Reply  of  the  Legislative  Assembly  to  an  address  of  the  Governor, 

February   15,   1854 .60 

Reply  of  the  Governor  to  the  Legislative  Assembly,  February  15, 

1854 :      .....        63 

Reply   from   the   Colonial   Office   to   the   report  of   the   Governor, 

March  17,  1854 64 

Report  of  the  Governor  upon  transmitting  to  the  Legislative  As- 
sembly the  consent  of  the  Colonial  Office  to  the  establishment 
of  responsible  government,  March  23,  1854  ...        65 

xi 


xii  CONTENTS 

PAGE 

Report  of  the  Governor  upon  the  reception  of  this  consent  by  the 

Legislative  Assembly,  March  24,  1854 66 

Report  of  the  Governor  on  the  final  steps  of  the  process  of  the 
establishment  of  responsible  government  in  Newfoundland,  De- 
cember 29,   1854 68 

Reply  of  the  Colonial  Office  to  this  report,  January  25,  1855  .         .        69 

Part  II. — New  Zealand 

Historical  resume 72 

An  Act  for  the  establishment  and  government  of  New  Zealand,  1 840  73 

An  Act  to  grant  a  representative  constitution  to  New  Zealand,  1852  75 

Despatch  from  the  Colonial  Secretary  to  the  Acting  Governor  in 
New  Zealand  authorizing  the  establishment  of  responsible  gov- 
ernment, December  8,  1854 110 

Report  of  the  Acting  Governor  on  receipt  of  the  foregoing  despatch, 

May  31,   1855  . 114 

Extract  from  the  minutes  of  the  Executive  Council,  May  25,  1855  .      115 

Circular  to  the  members  of  the  General  Assembly,  May  31,  1855   .      116 

Report  of  the  Acting  Governor  on  opening  the  General  Assembly, 

August  10,   1855 118 

Address  of  the  Acting  Governor  in  opening  the  General  Assembly, 

August  8,  1855 118 

Report  of  the  Acting  Governor  upon  the  reception  of  his  address  by 

the  General  Assembly,  August  11,  1855 121 

Reply  of  the  Legislative  Council  to  the  address,  August  11,  1855   .      122 

Reply  of  the  House  of  Representatives,  August  11,  1855  .        .        .      123 

Report  of  the  Governor  upon  the  dissolution  of  the  General  As- 
sembly, September  18,  1855 124 

Address  of  the  Governor  to  the  Legislative  Council  and  House  of 

Representatives,  September  15,  1855 124 

Report  of  the  Governor  on  opening  the  General  Assembly  in  April, 

1856 127 

Address  of  the  Governor  to  the  General  Assembly,  April  15,  1856  .    127 

Report  of  the  Governor  on  the  establishment  of  responsible  govern- 
ment, April  30,  1856 ISO 


CONTENTS  xiii 

PAGE 

Further   report   on   the    establishment   of   responsible    government, 

May  8,  1856 137 

Beginnings  of  responsible  government  reported,  May  21,  1856        .  139 

Final  establishment  of  responsible  government  in  New  Zealand  re- 
ported, May  23,  1856 140 

Abolition  of  provinces,  1875 141 

Part  III. — Canada 

Historical  resume 152 

The  British  North  America  Act,  1867 153 

The  British  North  America  Act,  1871 193 

The  Parliament  of  Canada  Act,   1875 195 

The  British  North  America  Act,  1886 197 

Part  IV. — Australia 

Historical  resume 200 

Commonwealth  of  Australia  Constitution  Act,  1900   .         .         .         .201 

Constitution  alteration,  No.  1  of  1907 241 

Constitution  alteration,  No.  3  of  1910 242 

Part  V. — South  Africa 

Historical  resume 244 

South  Africa  Act 245 

Part  VI. — The  Dominions 

Historical  resume 308 

British  nationality  and  status  of  aliens  Act,  1914      .         .  .  309 

Index 313 


BIBLIOGRAPHY 

Statutes  of  the  United  Kingdom. 

Acts  of  the  Parliament  of  the  Commonwealth  of  Australia;  Com- 
piled by  G.  S.  Knowles. 

Statutes  of  New  Zealand. 

House  of  Commons  Sessional  Papers. 

British  and  Foreign  State  Papers. 

Colonial  Office  List. 

Statesman's  Year  Book. 


Adam,  M.  I.,  Ewing,  J.,  Munro,  J.,  Guide  to  the  Principal  Parliamentary 
Papers  relating  to  the  Dominions  from  1812  to  1911,  1913. 


Bignold,  H.  B.,  The  Commonwealth  of  Australia  Constitution  Act,  1913. 

Bradshaw,  F.,  Self-government  in  Canada,  1903. 

Brand,  R.  H.,  The  Union  of  South  Africa,  1909- 

Durham,  John  George  Lambton,  First  Earl  of,  Report,  in  the  edition 
of  C.  P.  Lucas,  1912. 

Egerton,  H.  E.,  Federations  and  Unions  in  the  British  Empire,  1911- 

Hatton,  J.,  and  Harvey,  M.,  Newfoundland,  1883. 

Jenks,  E.,  History  of  the  Australasian  Colonies,  1912. 

Jebb,  R.,  The  Imperial  Conference,  191 1. 

Keith.  A.  B.,  Responsible  Government  in  the  Dominions,  1909- 

Keith,  A.  B.,  Responsible  Government  in  the  Dominions,  1912. 

Keith,  A.  B.,  Imperial  Unity  and  the  Dominions,  191 6. 

Lefroy,  A.  H.  F.,  Canada's  Federal  System,  1913. 

xv 


xvi  BIBLIOGRAPHY 

Moore,  H.,  Constitution  of  the  Commonwealth  of  Australia,  1902. 

Prowse,  D.  W.,  History  of  Newfoundland,  second  edition,  1896. 

Rusden,  G.  N.,  History  of  New  Zealand,  1883. 

Selborne,  William  Waldegreave   Palmer,  Second  Earl  of,  Papers 
relating  to  the  Federation  of  the  South  African  Colonies,  1907. 

Todd,  A.,  Parliamentary  Government  in  the  British  Colonies,  second  edi- 
tion, 1894. 


The  New  York  Times. 
The  Times,  London. 


PART  I 
NEWFOUNDLAND 


HISTORICAL    RESUME 

For  a  long  time  Newfoundland  was  treated  as  a  mere  place  of  temporary 
lodgement  for  fishermen  from  Great  Britain  or  her  colonies  and  was  administered 
or  policed  by  officials  appointed  under  statutes  passed  for  that  purpose.  In 
the  end,  however,  it  was  found  impossible  to  prevent  permanent  settlements 
from  growing  up  in  the  Island,  and  in  1832  the  statutes  were  laid  open  to 
alteration  by  a  local  legislature  should  one  be  established,  and  the  prerogative 
was  used  to  set  up  an  elementary  form  of  representative  government  through 
a  commission  and  instructions  issued  to  the  then  Governor.  A  royal  proclamation 
of  even  date  announced  the  action  which  had  been  taken. 

Changes  were  made  in  the  constitution  by  statutes  passed  by  the  Imperial 
Parliament  in  1842,  1846,  and  1847,  but  the  main  outlines  of  the  system  remained 
the  same  until  and  even  after  the  establishment  of  responsible  government  in 
1854-55  by  means  of  instructions  to  the  Governor  of  the  Colony  and  acts  of  the 
Legislature  of  Newfoundland. 


AN  ACT  TO  CONTINUE  CERTAIN  ACTS 

RELATING  TO  THE  ISLAND 

OF  NEWFOUNDLAND. 

[2  &  3  William  IV,  cap.  78] 

1832 

An  Act  to  continue  certain  Acts  relating  to  the  Island  of 
Newfoundland,  and  to  provide  for  the  appropriation  of 
all  duties  which  may  hereafter  be  raised  within  the  said 
Island. 

Whereas  an  Act  was  passed  in  the  fifth  year  of  the 
reign  of  his  late  Majesty  King  George  the  Fourth,  en- 
titled "  An  Act  for  the  better  administration  of  justice  in 
Newfoundland,  and  for  other  purposes";  And  whereas  a 
certain  other  Act  was  passed  in  the  said  fifth  year  of  his 
said  late  Majesty's  reign,  entitled  "  An  Act  to  repeal  an 
Act  passed  in  the  fifty-seventh  year  of  the  reign  of  his 
late  Majesty  King  George  the  Third,  entitled  '  An  Act 
to  regulate  the  celebration  of  marriages  in  Newfoundland, 
and  to  make  further  provision  for  the  celebration  of  mar- 
riages in  the  said  Colony  and  its  dependencies  '  " :  And 
whereas  by  an  Act  passed  in  the  tenth  year  of  his  said  late 
Majesty  King  George  the  Fourth  the  said  Acts  were 
continued  in  force  until  the  thirty-first  day  of  December 
one  thousand  eight  hundred  and  thirty-two:  And  whereas 
it  is  expedient  that  the  said  Acts  be  further  continued  in 
force  until  the  same  shall  be  repealed,  altered,  or  amended 
by  any  Act  or  Acts  which  may  for  that  purpose  be  made 
by  His  Majesty,  with  the  advice  and  consent  of  any  house 
or  houses  of  general  assembly  which  His  Majesty  may 
at  any  time  see  fit  to  convoke  within  the  said  Colony  of 

3 


<t         AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Newfoundland;  Be  it  therefore  enacted  by  the  King's 
most  excellent  Majesty,  by  and  with  the  advice  and 
consent  of  the  Lords  spiritual  and  temporal,  and  Commons, 
in  this  present  Parliament  assembled,  and  by  the  authority 
of  the  same,  that  it  shall  and  may  be  lawful  for  His 
Majesty,  or  for  any  Governor,  Lieutenant  Governor,  or 
officer  administering  the  government  of  Newfoundland,  in 
pursuance  of  any  commission  or  instructions  to  him  for 
that  purpose  addressed  by  His  Majesty,  with  the  advice  and 
consent  of  any  house  or  houses  of  general  assembly  which 
His  Majesty  may  hereafter  be  pleased  to  convoke  from 
among  the  inhabitants  of  the  said  Colony,  by  any  Act  or 
Acts  to  be  from  time  to  time  for  that  purpose  passed,  to 
repeal  in  whole  or  in  part,  or  to  amend,  alter,  or  vary, 
the  said  recited  Acts  or  any  of  them,  or  any  part  thereof; 
and  that,  until  so  repealed,  amended,  altered,  or  varied,  the 
said  recited  Acts  shall  be  and  continue  in  full  force  and 
effect. 


COMMISSION  ESTABLISHING  REPRESENTA- 
TIVE GOVERNMENT  IN  NEWFOUNDLAND  x 

1832 

William  the  Fourth,  by  the  Grace  of  God  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  King, 
Defender  of  the  Faith,  to  our  trusty  and  well-beloved  Sir 
Thomas  John  Cochrane,  Knight,  greeting:  Whereas  We 
did  by  Our  letters  patent,  bearing  date  at  Westminster, 
the  28th  day  of  December,  in  the  1st  year  of  Our  reign, 
constitute  and  appoint  you,  the  said  Sir  Thomas  John 
Cochrane,  to  be  Governor  and  Commander-in-Chief  in  and 

i  Commons  Papers,  1831-32,  vol.  32,  No.  515. 


NEWFOUNDLAND  5 

over  the  Island  of  Newfoundland  and  territories  within 
the  limits  therein  described,  as  by  the  said  recited  letters 
patent,  relation  being  thereunto  had,  may  more  fully  and 
at  large  appear:  Now  know  you,  that  We  have  revoked 
and  determined,  and  by  these  presents  do  revoke  and  de- 
termine, the  said  recited  letters  patent,  and  every  clause, 
article  and  thing  therein  contained:  and  further  know  you, 
that  We,  reposing  especial  trust  and  confidence  in  the 
prudence,  courage  and  loyalty  of  you,  the  said  Sir  Thomas 
John  Cochrane,  of  Our  especial  grace,  certain  knowledge 
and  mere  motion,  have  thought  fit  to  constitute  and  ap- 
point you,  the  said  Sir  Thomas  John  Cochrane,  to  be  Our 
Governor  and  Commander-in-Chief  in  and  over  Our  Island 
of  Newfoundland  and  the  Islands  adjacent,  and  all  the 
coast  of  Labrador,  from  the  entrance  of  Hudson's  Straits 
to  a  line  to  be  drawn  due  north  and  south  from  Ana 
Sablon  on  the  said  Coast,  to  the  52d  degree  of  north  lati- 
tude, and  all  the  Islands  adjacent  to  that  part  of  the  said 
coast  of  Labrador,  as  also  of  all  forts  and  garrisons 
erected  and  established,  or  to  be  erected  and  established,  in 
the  said  Island  of  Newfoundland  and  the  islands  adjacent, 
or  on  the  coast  of  Labrador  within  the  limits  aforesaid, 
or  in  the  said  islands  adjacent  to  that  part  of  the  said 
coast,  for  and  during  Our  will  and  pleasure. 

And  We  do  hereby  require  and  command  you  to  do  and 
execute  all  things  in  due  manner  that  shall  belong  unto 
your  said  command  and  the  trust  We  have  reposed  in 
you,  according  to  the  several  powers  and  authorities 
granted  or  appointed  you  by  this  present  commission  and 
the  instructions  herewith  given  you,  or  according  to  such 
further  powers,  directions  and  authorities  as  shall  at  any 
time  hereafter  be  granted  or  appointed  you  under  Our 
sign  manual  and  signet,  or  by  Our  order  in  Our  Privy 


6         AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Council,  or  by  Us,  through  one  of  Our  principal  Secre- 
taries of  State,  and  according  to  such  reasonable  laws  and 
statutes  as  shall  hereafter  be  made  and  agreed  upon  by 
you  with  the  advice  and  consent  of  the  Council  and  Assem- 
bly of  Our  said  Island  and  its  dependencies  under  your 
government,  when  such  Assembly  shall  be  called. 
And  Our  will  and  pleasure  is,  that  you,  the  said  Sir 
Thomas  John  Cochrane,  after  the  publication  of  these  Our 
letters  patent,  do  take  the  oaths  appointed  to  be  taken 
by  an  Act  passed  in  the  1st  year  of  the  reign  of  King 
George  the  First,  entitled,  "  An  Act  for  the  further  se- 
curity of  His  Majesty's  person  and  government  and  the 
succession  of  the  Crown  in  the  heirs  of  the  late  Princess 
Sophia,  being  Protestants,  and  for  extinguishing  the  hopes 
of  the  pretended  Prince  of  Wales,  and  his  open  and  secret 
abettors,"  as  altered  and  explained  by  an  Act  passed  in 
the  6th  year  of  the  reign  of  King  George  the  Third,  en- 
titled, "  An  Act  for  altering  the  oath  of  adjuration  and 
the  assurance,  and  for  amending  so  much  of  an  Act  of 
the  7th  year  of  her  late  Majesty  Queen  Anne,  entitled, 
"  An  Act  for  the  improvement  of  the  union  of  the  two 
Kingdoms,  as  after  the  time  therein  limited  requires  the 
delivery  of  certain  lists  and  copies  therein  mentioned  to 
persons  indicted  of  high  treason  or  misprison  of  trea- 
son," or  in  lieu  thereof  the  oath  required  to  be  taken 
by  an  Act  passed  in  the  10th  year  of  the  reign  of  his  late 
Majesty,  entitled,  "  An  Act  for  the  relief  of  His 
Majesty's  Roman  Catholic  subjects,"  according  as  the  said 
former  Acts  or  the  said  last  mentioned  Act  shall  be  ap- 
plicable to  your  case;  and  likewise  that  you  take  the  usual 
oath  for  the  due  execution  of  the  office  and  trust  of  our 
Government  and  Commander-in-Chief  in  and  over  Our 
said  Islands  and  territories,  and  for  the  due  and  impartial 


NEWFOUNDLAND  7 

administration  of  justice;  and  further,  that  you  take  the 
oath  required  to  be  taken  by  Governors  of  Plantations,  to 
do  their  utmost  that  the  several  laws  relating  to  trade  and 
the  plantations  be  duly  observed;  which  oaths  Our  Council 
of  Our  said  Island  and  its  dependencies,  or  any  three  of 
the  members  thereof,  have  hereby  full  power  and  authority 
and  are  required  to  tender  and  administer  unto  you,  and 
in  your  absence  to  Our  Lieutenant  Governor,  if  there  be 
one  on  the  place;  all  which  being  duly  performed,  you 
shall  administer  to  each  of  the  members  of  Our  said  Coun- 
cil such  of  the  said  oaths  mentioned  in  the  said  several 
Acts  as  shall  be  applicable  to  the  case  of  the  individual 
Member  of  Our  said  Council  taking  the  same  and  you 
are  also  to  administer  to  them  the  usual  oath  for  the  due 
execution  of  their  places  and  trust  respectively;  all  which 
oaths  shall  also  be  administered  by  the  Governor  or  person 
administering  the  government  of  Our  said  Island  and  its 
Dependencies  for  the  time  being,  to  all  such  persons  as 
shall  hereafter  be  appointed  to  be  of  Our  said  Council, 
before  they  respectively  enter  upon  the  execution  of  the 
duties  of  such  their  offices. 

And  We  do  hereby  give  and  grant  unto  you  full  power 
and  authority  to  suspend  any  of  the  members  of  Our 
said  Council  from  sitting,  voting  and  assisting  therein,  if 
you  shall  find  just  cause  for  so  doing;  and  if  it  shall  at 
any  time  happen  that  by  the  death,  departure  out  of  Our 
said  Island  and  its  dependencies,  suspension  of  any  of 
Our  said  Councillors,  or  otherwise,  there  shall  be  a  vacancy 
in  Our  said  Council,  any  three  of  whom  We  do  hereby 
appoint  to  be  a  quorum.  Our  will  and  pleasure  is  that 
you  signify  the  same  unto  Us  by  the  first  opportunity, 
that  We  may,  under  Our  signet  and  sign  manual,  con- 
stitute and   appoint   others  in  their   stead:   but  that   Our 


8         AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

affairs  at  that  distance  may  not  suffer  for  want  of  a  due 
number  of  Councillors,  if  ever  it  shall  happen  that  there 
be  less  than  seven  of  them  residing  in  Our  said  Island 
and  its  dependencies,  We  do  hereby  give  and  grant  unto 
you,  the  said  Sir  Thomas  John  Cochrane,  full  power  and 
authority  to  choose  as  many  persons  out  of  the  principal 
freeholders^  inhabitants  of  Our  said  Island  and  its  de- 
pendencies, as  will  make  up  the  number  of  Our  Council 
to  be  seven,  and  no  more,  which  persons  so  chosen  and 
appointed  by  you  shall  be  to  all  intents  and  purposes 
Councillors  for  Our  said  Island  and  its  dependencies  until 
either  they  are  confirmed  by  Us,  or  that  by  the  nomina- 
tion of  others  by  Us  under  Our  sign  manual  and  signet, 
Our  said  Council  shall  have  seven  or  more  persons  in  it. 

And  We  do  hereby  give  and  grant  unto  you  full  power 
and  authority,  with  the  advice  and  consent  of  Our  said 
Council,  from  time  to  time  as  need  shall  require,  to  sum- 
mon and  call  general  assemblies  of  the  freeholders  and 
householders  within  the  said  Island  and  its  dependencies 
under  your  government,  in  such  manner  and  form,  and 
according  to  such  powers,  instructions  and  authorities  as 
are  granted  or  appointed  by  your  general  instructions 
accompanying  this  your  commission,  or  according  to  such 
further  powers,  instructions  and  authorities  as  shall  be  at 
any  time  hereafter  granted  or  appointed  under  Our  sign 
manual  and  signet,  or  by  Our  order  in  Our  Privy  Coun- 
cil; and  Our  will  and  pleasure  is,  that  the  persons  there- 
upon duly  elected  by  the  major  part  of  the  freeholders  and 
householders  of  the  respective  towns  or  districts,  and  so 
returned,  shall  before  their  sitting  take  such  of  the  oaths 
mentioned  in  the  said  several  Acts  as  shall  be  applicable 
to  the  case  of  the  individual  taking  the  same,  which  oaths 
you  shall   commission  fit  persons,  under  the  seal  of   Our 


NEWFOUNDLAND  9 

said  Island  and  its  dependencies,  to  tender  and  administer 
unto  them;  and  until  the  same  shall  be  so  taken,  no  person 
shall  be  capable  of  sitting,  though  elected:  and  We  do 
hereby  declare  that  the  persons  so  elected  and  qualified 
shall  be  called  and  deemed  the  General  Assembly  of  Our 
said  Island  of  Newfoundland,  and  you  the  said  Sir 
Thomas  John  Cochrane,  by  and  with  the  advice  and  con- 
sent of  Our  said  Council  and  Assembly,  or  the  major 
part  of  them  respectively,  shall  have  full  power  and 
authority  to  make,  constitute  and  ordain  laws,  statutes  and 
ordinances  for  the  public  peace,  welfare  and  good  govern- 
ment of  Our  said  Island  and  its  dependencies,  and  the 
people  and  inhabitants  thereof,  and  such  others  as  shall 
resort  thereto,  and  for  the  benefit  of  Us,  our  heirs  and 
successors,  which  said  laws,  statutes  and  ordinances  are 
not  to  be  repugnant,  but  as  near  as  may  be  agreeable, 
to  the  laws  and  statutes  of  this  Our  United  Kingdom  of 
Great  Britain  and  Ireland. 

Provided  that  all  such  laws,  statutes  and  ordinances,  of 
what  nature  or  duration  soever,  be,  within  three  months 
or  sooner  after  the  making  thereof,  transmitted  to  Us, 
under  the  public  seal  of  Our  said  Island  and  its  de- 
pendencies, for  Our  approbation  or  disallowance  of  the 
same,  as  also  duplicates  thereof,  by  the  next  conveyance. 
And  in  case  any  or  all  of  the  laws,  statutes  and  ordinances 
not  before  confirmed  by  Us  shall  at  any  time  be  disallowed 
and  not  approved,  and  so  signified  by  us,  Our  heirs  or 
successors,  under  Our  or  their  sign  manual  and  signet,  or 
by  order  of  Our  or  their  Privy  Council  unto  you,  the  said 
Sir  Thomas  John  Cochrane,  or  the  Commander-in-Chief 
of  Our  said  Island  for  the  time  being,  then  such  and  so 
many  of  the  said  laws,  statutes  and  ordinances  as  shall  be 
so    disallowed    and   not    approved    shall    from    thenceforth 


10       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

cease,  determine  and  become  utterly  void  and  of  none 
effect,  anything  to  the  contrary  thereof  notwithstanding. 
And  to  the  end  that  nothing  may  be  passed  or  done  by 
Our  said  Council  and  Assembly  to  the  prejudice  of  Us, 
Our  heirs  or  successors,  We  will  and  ordain  that  you,  the 
said  Sir  Thomas  John  Cochrane,  shall  have  and  enjoy  a 
negative  voice  in  the  making  and  passing  such  laws,  sta- 
tutes and  ordinances  as  aforesaid,  and  that  you,  or,  in 
your  absence,  the  officer  administering  the  Government, 
shall  and  may  from  time  to  time,  as  you  or  he  shall  judge 
it  necessary,  adjourn,  prorogue  or  dissolve  all  general 
assemblies  as  aforesaid. 

And  We  do  hereby  authorize  and  empower  you  to  keep 
and  use  the  public  seal  for  sealing  all  things  whatsoever 
that  shall  pass  the  seal  of  Our  said  Island  and  its  de- 
pendencies. And  We  do  further  give  and  grant  unto  you, 
the  said  Sir  Thomas  John  Cochrane,  full  power  and 
authority  from  time  to  time,  and  at  any  time  hereafter,  by 
yourself,  or  by  any  other  to  be  authorized  by  you  in  that 
behalf,  to  administer  and  give  such  of  the  said  oaths  in 
the  said  several  Acts  contained  as  shall  be  applicable  to  the 
case  of  the  individual  to  whom  the  same  shall  be  admin- 
istered, to  all  and  every  such  person  or  persons  as  you 
shall  think  fit  who  shall  hold  any  office  or  place  of  trust 
or  profit,  or  who  shall  at  any  time  or  times  pass  into  Our 
said  Island  and  its  dependencies,  or  shall  be  resident  or 
abiding  therein. 

And  We  do  by  these  presents  give  and  grant  unto  you, 
the  said  Sir  Thomas  John  Cochrane,  full  power  and 
authority,  with  the  advice  and  consent  of  Our  said  Council, 
to  constitute  and  appoint,  in  cases  requisite,  Commissioners 
of  Oyer  and  Terminer,  Justices  of  the  Peace,  Sheriffs,  and 
other  necessary  officers  and  ministers  in  Our  said  Island 


NEWFOUNDLAND  1 1 

and  its  dependencies,  for  the  better  administration  of 
justice,  and  putting  the  said  laws  into  execution,  and  to 
administer,  or  cause  to  be  administered,  unto  them  such 
oath  or  oaths  as  are  usually  given  for  the  due  execution 
and  performance  of  offices  and  places,  and  for  the  clearing 
of  truth  in  judicial  causes.  And  we  do  hereby  give  and 
grant  unto  you  full  power  and  authority,  where  you  shall 
see  cause  or  judge  any  offender  or  offenders  in  criminal 
matters,  or  for  any  fines  or  forfeitures  due  unto  Us,  fit 
objects  of  Our  mercy,  to  pardon  all  such  offenders,  and 
to  remit  all  such  offences,  fines  and  forfeitures,  (treason 
and  wilful  murder  only  excepted),  in  which  cases  you 
shall  likewise  have  power  upon  extraordinary  occasions  to 
grant  reprieves  unto  the  offenders,  until  and  to  the  intent 
Our  royal  pleasure  may  be  known  therein. 

And  We  do  by  these  presents  authorize  and  empower 
you  to  present  to  the  Bishop  of  the  Diocese  of  Nova  Scotia 
for  institution  any  person  or  persons  to  and  churches, 
chapels,  or  other  ecclesiastical  benefices  within  Our  said 
Island  and  its  dependencies  as  often  as  any  of  them  shall 
happen  to  be  void. 

And  We  do  hereby  give  and  grant  unto  you,  the  said 
Sir  Thomas  John  Cochrane,  by  yourself,  or  by  your  cap- 
tains and  commanders  by  you  to  be  authorized,  full  power 
and  authority  to  levy,  arm,  muster,  command  and  employ 
all  persons  whatsoever,  residing  within  Our  said  Island 
and  its  dependencies,  and  as  occasion  shall  serve,  them 
to  march  from  one  place  to  another,  or  to  embark  them 
for  the  resisting  and  withstanding  of  all  enemies,  pirates 
and  rebels,  both  at  sea  and  land,  and  to  transport  such 
forces  to  any  of  Our  plantations  in  America,  if  necessity 
shall  require,  for  the  defence  of  the  same  against  the  in- 
vasion or  attempt  of  any  of  our  enemies,  and  such  enemies, 


12       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

pirates  and  rebels,  if  there  shall  be  occasion,  to  pursue  and 
prosecute  in  or  out  of  the  limits  of  Our  said  Island  and  its 
dependencies,  or  any  of  them,  and  if  it  shall  so  please 
God  them  to  vanquish,  apprehend  and  take,  and  to  exe- 
cute martial  law  in  the  time  of  invasion,  war,  or  other  times 
when  by  law  it  may  be  executed,  and  to  do  and  execute  all 
and  every  other  thing  and  things  which  to  Our  Governor 
and  Commander-in-Chief  doth  and  ought  of  right  to  be- 
long. And  We  do  hereby  give  and  grant  unto  you  full 
power  and  authority,  by  and  with  the  advice  and  consent 
of  Our  said  Council,  to  erect,  constitute  and  establish  in 
Our  said  Island  and  its  dependencies,  such  and  so  many 
counties,  townships,  parishes,  cities,  boroughs  and  towns, 
as  you,  by  the  advice  aforesaid,  shall  judge  necessary. 

And  forasmuch  as  divers  mutinies  and  disorders  may 
happen  by  persons  shipped  and  employed  at  sea  during 
the  time  of  war,  and  to  the  end  that  such  as  shall  be 
shipped  and  employed  at  sea  during  the  time  of  war  may 
be  better  governed  and  ordered,  We  do  hereby  give  and 
grant  unto  you,  the  said  Sir  Thomas  John  Cochrane,  full 
power  and  authority  to  constitute  and  appoint  captains, 
lieutenants,  masters  of  ships,  and  other  commanders  and 
officers,  and  to  grant  unto  such  captains,  lieutenants,  masters 
of  ships,  and  other  commanders  and  officers,  commissions  to 
execute  the  law  martial  during  the  time  of  war,  according 
to  the  directions  of  an  Act  passed  in  the  twenty-second 
year  of  the  reign  of  King  George  the  Second,  entitled, 
"  An  Act  for  amending,  explaining  and  reducing  into  one 
Act  of  Parliament  the  laws  relating  to  the  Government  of 
His  Majesty's  ships,  vessels,  and  forces  by  sea,"  as  the 
same  is  altered  by  an  Act  passed  in  the  nineteenth  year  of 
the  reign  of  King  George  the  Third,  entitled,  "  An  Act  to 
explain  and  amend  an  Act  made  in  the  twenty-second  year 


NEWFOUNDLAND  13 

of  the  reign  of  His  late  Majesty  King  George  the  Second, 
entitled,  "  An  Act  for  amending,  explaining,  and  reducing 
into  one  Act  of  Parliament  the  laws  relating  to  the  Gov- 
ernment of  His  Majesty's  ships,  vessels,  and  forces  by 
sea,"  and  to  use  such  proceedings,  authorities,  punish- 
ments, corrections,  and  executions  upon  any  offender  or 
offenders  who  shall  be  mutinous,  seditious,  disorderly,  or 
anyways  unruly,  either  at  sea  or  during  the  time  of  their 
abode  or  residence  in  any  of  the  ports,  harbors  or  bays  of 
Our  said  Island  and  its  dependencies,  as  the  case  shall  be 
found  to  require,  according  to  martial  law,  and  the  said 
directions  during  the  time  of  war,  as  aforesaid;  Provided 
that  nothing  herein  contained  shall  be  construed  to  the 
enabling  you,  or  any  by  your  authority,  to  hold  plea,  or 
have  any  jurisdiction  of  any  offence,  cause,  matter  or 
thing  committed  or  done  upon  the  high  seas,  or  within  any 
of  the  havens,  rivers  or  creeks  of  Our  said  Island  and  its 
dependencies  under  your  government,  by  any  captain, 
commander,  lieutenant,  master,  officer,  seaman,  soldier  or 
other  person  whatsoever,  who  shall  be  in  actual  service  or 
pay  in  or  on  board  any  of  our  ships  of  war  or  other 
vessels  acting  by  immediate  commission  or  warrant  from 
Our  Commissioners  for  executing  the  office  of  High  Ad- 
miral of  Our  United  Kingdom  of  Great  Britain  and  Ire- 
land, or  from  Our  High  Admiral  of  Our  United  Kingdom 
of  Great  Britain  and  Ireland  for  the  time  being,  under  the 
seal  of  Our  Admiralty,  but  that  such  captain,  commander, 
lieutenant,  master,  officer,  seaman,  soldier  or  other  person 
so  offending  shall  be  left  to  be  proceeded  against  and  tried 
as  their  offences  shall  require,  either  by  commission  under 
Our  great  seal  of  this  Kingdom  as  the  statute  of  the 
twenty-eighth  of  King  Henry  the  Eighth  directs,  or  by 
commission  from   Our   said    Commissioners   for   executing 


14       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

the  office  of  High  Admiral  of  Our  United  Kingdom  of 
Great  Britain  and  Ireland,  or  from  Our  High  Admiral  of 
Our  United  Kingdom  of  Great  Britain  and  Ireland  for 
the  time  being,  according  to  the  aforementioned  Act,  pass- 
ed in  the  twenty-second  year  of  the  reign  of  King  George 
the  Second,  as  altered  by  the  said  Act  passed  in  the  nine- 
teenth year  of  the  reign  of  King  George  the  Third;  Pro- 
vided nevertheless,  that  all  disorders  and  misdemeanors 
committed  on  shore  by  any  captain,  commander,  lieuten- 
ant, master,  officer,  seaman,  soldier,  or  other  person  what- 
soever, belonging  to  any  of  Our  ships  of  war,  or  other 
vessels  acting  by  immediate  commission  or  warrant  from 
Our  Commissioners  for  executing  the  office  of  High  Ad- 
miral of  Our  United  Kingdom  of  Great  Britain  and  Ire- 
land, or  from  Our  High  Admiral  of  Our  United  Kingdom 
of  Great  Britain  and  Ireland  for  the  time  being,  under  the 
seal  of  Our  Admiralty,  may  be  tried  and  punished  ac- 
cording to  the  laws  of  the  place  where  such  offences,  dis- 
orders, and  misdemeanors  shall  be  committed  on  shore, 
notwithstanding  such  offender  be  in  our  actual  service,  and 
borne  in  Our  pay  on  board  any  such  Our  ships  of  war  or 
other  vessels  acting  by  immediate  commission  or  warrant 
from  Our  Commissioners  for  executing  the  office  of  High 
Admiral  of  Our  United  Kingdom  of  Great  Britain  and 
Ireland,  or  from  Our  High  Admiral  of  Our  United  King- 
dom of  Great  Britain  and  Ireland  for  the  time  being  as 
aforesaid,  so  as  he  shall  not  receive  any  protection  for  the 
avoiding  of  justice  for  such  offences  committed  on  shore, 
from  any  pretence  of  his  being  employed  in  Our  service  at 
sea. 

And  Our  further  will  and  pleasure  is,  that  all  public 
monies  raised,  or  which  shall  be  raised  by  any  Act  here- 
after  to   be    made   within    Our   said    Island    and   its    de- 


NEWFOUNDLAND  15 

pendencies,  be  issued  out  by  warrant  from  you,  by  and 
with  the  advice  and  consent  of  the  aforesaid  Council  (and 
not  otherwise),  and  disposed  of  by  you  for  the  support 
of  the  Government,  or  for  such  other  purpose  as  shall  be 
particularly  directed  or  appointed  in  and  by  such  Act, 
and  not  otherwise;  And  We  do  likewise  give  and  grant 
unto  you  full  power  and  authority,  by  and  with  the  advice 
and  consent  of  Our  said  Council,  to  settle  and  agree  with 
the  inhabitants  of  Our  said  Island  and  its  dependencies 
for  such  lands,  tenements  and  hereditaments  as  are  now, 
or  hereafter  shall  be,  in  Our  power,  to  dispose  of,  and 
them  to  grant,  to  any  person  or  persons,  upon  such  terms, 
and  under  such  moderate  quit-rents,  services  and  acknow- 
ledgements to  be  thereupon  reserved  to  Us,  as  you  or  they, 
by  the  advice  aforesaid,  shall  think  fit,  which  said  grants 
are  to  pass  and  be  sealed  by  Our  public  seal  of  Our 
said  Island  and  its  dependencies,  and  being  entered  upon 
record  by  such  officer  or  officers  as  shall  be  appointed 
thereunto,  shall  be  good  and  effectual  in  law  against  Us, 
Our  heirs  and  successors.  And  We  do  hereby  give  you 
the  said  Sir  Thomas  John  Cochrane  full  power  and 
authority  to  order  and  appoint  fairs,  marts  and  markets, 
as  also  such  and  so  many  ports,  harbors,  bays,  havens  and 
other  places  for  the  conveniency  and  security  of  shipping, 
and  for  the  better  loading  and  unloading  of  ships  and 
merchandizes,  in  such  and  so  many  places  as  by  and  with 
the  advice  and  consent  of  Our  said  Council  shall  be 
thought  fit  and  necessary. 

And  We  do  hereby  require  and  command  all  officers  and 
ministers,  civil  and  military,  and  all  others  the  inhabitants 
of  Our  said  Island  and  its  dependencies,  to  be  obedient, 
aiding  and  assisting  unto  you  the  said  Sir  Thomas  John 
Cochrane  in   the  execution   of  this   Our   commission,    and 


16       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

of  the  powers  and  authorities  herein  contained;  and  in 
case  of  your  death  or  absence  out  of  Our  said  Island  and 
its  dependencies  and  government,  to  be  obedient,  aiding 
and  assisting  as  aforesaid  unto  such  person  as  shall  be 
appointed  by  Us  to  be  Our  Lieutenant  Governor,  or  to 
the  Commander-in-Chief  for  the  time  being  of  Our  said 
Island  and  its  dependencies,  to  whom  We  do  therefore, 
by  these  presents,  give  and  grant  all  and  singular  the 
powers  and  authorities  herein  granted,  to  be  by  him  ex- 
ecuted and  enjoyed  during  Our  pleasure,  or  until  your 
arrival  within  Our  said  Island  and  its  dependencies;  and 
if  upon  your  death  or  absence  out  of  Our  said  Island  and 
its  dependencies  there  be  no  person  on  the  place  com- 
missioned or  appointed  by  Us  to  be  Our  Lieutenant 
Governor,  or  specially  appointed  by  Us  to  administer  the 
government  within  Our  said  Island  and  its  dependencies, 
Our  will  and  pleasure  is,  that  the  Councillor  whose  name 
is  first  placed  in  Our  instructions  to  you,  unless  it  shall 
therein  be  otherwise  directed,  and  who  shall  be  at  the  time 
of  your  death  or  absence  residing  within  Our  said  Island 
and  its  dependencies,  shall  take  upon  him  the  administra- 
tion of  the  government,  and  execute  Our  said  commission 
and  instructions,  and  the  several  powers  and  authorities 
therein  contained,  in  the  same  manner  to  all  intents  and 
purposes  as  other  Our  Governor  or  Commander-in-Chief 
should  or  ought  to  do,  in  case  of  your  absence,  or  until 
your  return,  or  in  all  cases  until  Our  further  pleasure  be 
known  thereon;  and  We  do  hereby  declare,  ordain  and 
appoint  that  you,  the  said  Sir  Thomas  John  Cochrane, 
shall  and  may  hold,  execute  and  enjoy,  the  office  and  place 
of  Our  Governor  and  Commander-in-Chief  in  and  over  the 
Island  and  territories  aforesaid,  together  with  all  and 
singular  the  powers  and  authorities  hereby  granted  unto 
you,  for  and  during  Our  will  and  pleasure. 


NEWFOUNDLAND  17 


ROYAL  INSTRUCTIONS  FOR  ESTABLISHING 
REPRESENTATIVE    GOVERNMENT  x 

July  26,  1832 

Instructions  to  Our  trusty  and  well-beloved  Sir  Thomas 
John  Cochrane,  Knight,  Our  Governor  and  Commander- 
in-Chief  of  Our  Island  of  Newfoundland,  or  in  his 
absence  to  the  Lieutenant  Governor  or  officer  adminis- 
tering the  Government  of  Our  said  Island  for  the  time 
being.  Given  at  Our  Court  at  St.  James's,  the  26th 
day  of  July  1832,  in  the  third  year  of  Our  reign. 

1.  With  these  Our  instructions  you  will  receive  Our 
Commission  under  Our  great  seal  of  the  United  Kingdom 
of  Great  Britain  and  Ireland  constituting  you  Our  Gover- 
nor and  Commander-in-Chief  in  and  over  Our  said  Island 
of  Newfoundland  and  its  dependencies.  You  are  there- 
fore with  all  convenient  speed  to  assume  and  enter  upon 
the  execution  of  the  trust  We  have  reposed  in  you.  And 
you  are  forthwith  to  call  together  the  following  persons, 
whom  We  do  hereby  appoint  to  be  members  of  Our  Coun- 
cil in  Our  said  Island,  any  three  of  whom  to  be  a  quorum: 
viz.  the  Chief  Justice  for  the  time  being  of  Our  said 
Island;  the  Chief  Officer  in  command  of  Our  land  forces 
for  the  time  being  in  Our  said  Island  next  after  Our 
Governor  thereof  for  the  time  being ;  the  Attorney  General 
for  the  time  being  of  Our  said  Island;  the  Collector  or 
other  Chief  Officer  of  Customs  for  the  time  being  of  Our 
said  Island;  the  Colonial  Secretary  for  the  time  being  of 
Our  said  Island,  and  William  Haly,  Esquire. 

2.  And  you  are  with   all  due   and  usual  solemnity   to 

i  Commons  Papers,  1831-33,  vol.  32,  No.  704,  p.  5. 


18        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

cause  Our  said  commission,  constituting  you  Our  Gov- 
ernor and  Commander-in-Chief  as  aforesaid,  to  be  read 
and  published  at  the  first  meeting  of  Our  said  Council, 
and  shall  then  take,  and  also  administer  to  each  of  the 
members  thereof,  the  several  oaths  therein  required. 

3.  You  shall  administer  or  cause  to  be  administered 
the  several  oaths  mentioned  in  Our  said  commission  to  all 
judges,  justices,  and  other  persons  who  hold  any  place  of 
trust  or  profit  in  Our  said  Island,  without  the  doing  of 
which  you  are  not  to  admit  any  person  whatsoever  into 
any  public  office,  nor  suffer  those  who  may  have  already 
been  admitted  to  continue  therein. 

4.  You  are  to  communicate  forthwith  such  of  these  Our 
instructions  to  Our  said  Council,  wherein  their  advice  and 
consent  are  mentioned  to  be  requisite,  and  likewise  all 
such  others  from  time  to  time  as  you  shall  find  convenient 
for  Our  service  to  be  imparted  to  them. 

5.  You  are  to  permit  the  members  of  Our  said  Council 
to  have  and  enjoy  freedom  of  debate,  and  vote  in  all 
affairs  of  public  concern  that  may  be  submitted  to  their 
consideration  in  Council. 

6.  And  that  we  may  be  always  informed  of  the  names 
and  characters  of  persons  fit  to  supply  the  vacancies  in  Our 
said  Council,  you  are  from  time  to  time,  when  ever  any 
vacancy  shall  happen  therein,  forthwith  to  transmit  unto 
Us,  through  one  of  Our  principal  Secretaries  of  State,  the 
names  of  three  persons,  inhabitants  of  the  said  Island, 
whom  you  shall  esteem  the  best  qualified  for  the  trust. 

7.  And  whereas  by  Our  commission  you  are  empowered 
in  case  of  the  death  or  absence  of  any  of  the  members  of 
Our  said  Council  to  fill  up  the  vacancies  therein  to  the 
number  of  three,  and  no  more,  you  are  therefore  from  time 
to   time   to    send    to    Us,    through    one    of    Our   principal 


NEWFOUNDLAND  19 

Secretaries  of  State,  the  names  and  qualifications  of  any 
members  by  you  put  into  Our  said  Council  by  the  first 
opportunity  after  so  doing. 

8.  And  in  the  choice  and  nomination  of  the  members 
of  Our  said  Council,  as  also  of  the  judges,  justices,  and 
other  officers,  you  are  always  to  take  care  that  they  be  men 
of  good  life,  well  affected  to  Our  Government,  of  good 
estates,  and  abilities  suitable  to  their  employments. 

9.  You  are  neither  to  augment  nor  diminish  the  number 
of  the  members  of  Our  said  Council  as  already  established, 
nor  to  suspend  any  of  them  without  good  and  sufficient 
cause,  nor  without  the  consent  of  the  majority  of  the  said 
Council,  signified  in  Council  after  due  examination  of  the 
charge  against  such  Councillor,  and  his  answer  thereunto; 
and  in  case  of  the  suspension  of  any  of  them  you  are  to 
cause  your  reasons  for  so  doing,  together  with  the  charges 
and  proofs  against  such  Councillor,  and  his  answer  there- 
unto, to  be  duly  entered  upon  the  council-book,  and  forth- 
with to  transmit  copies  to  Us,  through  one  of  Our  prin- 
cipal Secretaries  of  State.  Nevertheless,  if  it  should  hap- 
pen that  you  should  have  reasons  for  suspending  any  of 
the  members  of  Our  said  Council,  not  fit  to  be  communi- 
cated to  Our  said  Council,  you  may  in  that  case  suspend 
such  member  without  their  consent.  But  you  are  thereupon 
immediately  to  send  to  Us,  through  one  of  Our  principal 
Secretaries  of  State,  an  account  of  your  proceedings  there- 
in, together  with  your  reasons  at  large  for  such  suspension, 
and  also  your  reasons  for  not  communicating  the  same 
to  Our  Council. 

10.  And  whereas  effectual  care  ought  to  be  taken  to 
oblige  the  members  of  Our  said  Council  to  a  due  attend- 
ance therein,  and  thereby  to  prevent  the  inconveniences 
that  may  happen  from  the  want  of  a  quorum  to  transact 


20       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

business  as  occasion  may  require,  it  is  Our  will  and  plea- 
sure that  if  any  of  the  members  of  Our  said  Council  shall 
hereafter  absent  themselves  from  the  said  Island,  and  con- 
tinue absent  above  the  space  of  six  months  together  with- 
out leave  from  you  or  Our  Commander-in-Chief  for  the 
time  being  first  obtained  under  your  or  his  hand  or  seal, 
or  shall  remain  absent  for  the  space  of  two  years  suc- 
cessively without  leave  given  them  under  Our  Royal  sign 
manual  and  signet,  their  place  or  places  in  the  said  Council 
shall  immediately  thereupon  become  void;  and  that  if  any 
of  the  members  of  Our  said  Council  then  residing  within 
Our  said  Island  shall  hereafter  absent  themselves  when 
duly  summoned  without  a  sufficient  cause,  and  shall  persist 
in  such  absence  after  being  thereof  admonished  by  you,  you 
suspend  the  said  Councillors  so  absenting  themselves  till 
Our  further  will  and  pleasure  therein  be  known,  giving 
immediate  notice  thereof  to  Us,  through  one  of  Our  prin- 
cipal Secretaries  of  State:  And  we  do  hereby  will  and 
require  that  Our  royal  pleasure  be  signified  to  the  members 
of  Our  said  Council  and  entered  in  the  council-book  as  a 
standing  rule. 

11.  And  whereas  by  Our  aforesaid  commission  you  are 
authorized  and  empowered  to  summon  and  call  general 
assemblies  of  the  freeholders  and  householders  within  Our 
said  Island,  in  such  manner  and  form,  and  according  to 
such  powers,  instructions  and  authorities  as  are  granted 
or  appointed  by  these  Our  instructions  in  that  behalf,  you 
are  therefore,  for  the  purpose  of  electing  the  members  of 
such  assemblies,  hereby  authorized  to  issue  a  proclama- 
tion dividing  Our  said  Island  in  districts  or  counties, 
towns  or  townships,  and  appointing  the  limits  thereof, 
and  declaring  and  appointing  the  number  of  representatives 
to  be  chosen  by  each  of  such  districts  or  counties,  towns  or 


NEWFOUNDLAND  21 

townships  respectively,  and  from  time  to  time  to  nominate 
and  appoint  proper  persons  to  execute  the  office  of  re- 
turning officer  in  each  of  the  said  districts  or  counties, 
town  or  townships;  and  you  are,  so  soon  as  you  shall  see 
expedient,  to  issue  writs  in  Our  name,  directed  to  the 
proper  officers  in  each  district  or  county,  town  or  township, 
directing  them  to  summon  the  freeholders  and  householders 
thereof  to  proceed  to  the  election  of  persons  to  represent 
them  in  the  General  Assembly  according  to  the  regulations 
and  directions  to  be  signified  in  the  proclamation  to  be 
issued  by  you  as  aforesaid. 

12.  You  are  to  observe  in  the  passing  of  all  laws,  that 
the  style  of  enacting  the  same  be  by  the  Governor,  Coun- 
cil, and  Assembly. 

13.  And  We  do  hereby  require  and  command  that  you 
do  not,  on  any  pretence  whatever,  give  your  assent  to  any 
law  or  laws  to  be  passed  by  which  the  number  of  the 
Assembly  shall  be  enlarged  or  diminished,  the  duration 
ascertained,  the  qualifications  of  the  electors  or  the  elected 
fixed  or  altered,  or  bj^  which  any  regulations  shall  be 
established  with  respect  thereto,  until  you  shall  have  first 
transmitted  unto  Us,  through  one  of  Our  principal  secre- 
taries of  State,  the  draft  of  such  bill  or  bills,  and  shall 
have  received  Our  royal  pleasure  thereupon,  unless  you 
take  care  in  the  passing  such  bill  or  bills  that  a  clause 
or  clauses  be  inserted  therein  suspending  and  deferring 
the  execution  thereof  until  Our  will  and  pleasure  shall  be 
known  thereupon. 

14.  And  you  shall  not  reenact  any  law  to  which  the 
assent  of  Us  or  Our  royal  predecessors  has  once  been  re- 
fused, without  express  leave  for  that  purpose  first  ob- 
tained from  Us,  upon  a  full  representation  by  you,  to  be 
made  to  Us,  through  one  of  Our  principal  Secretaries  of 


22        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

State,   of   the   reason   and   necessity   for   reenacting   such 
law. 

15.  And  it  is  Our  express  will  and  pleasure,  that  no 
law  for  constituting  any  court  or  courts  of  judicature,  or 
for  establishing  the  militia,  shall  be  a  temporary  law;  and 
that  no  law  for  granting  unto  Us  any  sum  or  sums  of 
money  by  duties  of  impost,  tonnage,  or  excise,  be  made  to 
continue  for  less  than  one  whole  year;  as  also  that  no 
other  laws  whatsoever  be  made  to  continue  for  less  than 
two  years,  except  only  in  cases  where  it  may  be  necessary 
for  some  unforeseen  emergency  to  make  provision  by  law 
for  a  service  in  its  nature  temporary  and  contingent. 

16.  You  are  also,  as  much  as  possible,  to  observe  in  the 
passing  of  all  laws,  that  each  different  matter  be  provided 
for  by  a  different  law,  without  intermixing  in  one  and  the 
same  Act  such  things  as  have  no  proper  relation  to  each 
other;  and  you  are  more  especially  to  take  care  that  no 
clause  or  clauses  be  inserted  in,  or  annexed  to,  any  Act 
which  shall  be  foreign  to  what  the  title  of  such  respective 
Act  imports;  and  that  no  perpetual  clause  be  part  of  any 
temporary  law;  and  that  no  Act  whatever  be  suspended, 
altered,  continued,  revived,  or  repealed  by  general  words, 
but  that  the  title  and  date  of  such  Act  so  suspended,  alter- 
ed, continued,  revived,  or  repealed,  be  particularly  men- 
tioned and  expressed  in  the  enacting  part. 

17.  And  you  are  particularly  enjoined  not  to  pass  any 
law,  or  do  any  act,  by  grant,  deed,  conveyance,  or  other- 
wise, whereby  Our  revenue  may  be  lessened  or  impaired 
without  Our  especial  leave  or  command  thereon. 

18.  It  is  Our  will  and  pleasure  that  you  do  not  give 
your  assent  to  any  bill  or  bills  for  raising  money  by  the 
institution  of  any  public  or  private  lotteries  whatsoever 
until  you  shall  have  first  transmitted  unto  Us,  through  one 


NEWFOUNDLAND  23 

of  Our  principal  Secretaries  of  State,  a  draft  or  drafts  of 
such  bill  or  bills,  and  shall  have  received  Our  directions 
thereupon. 

19.  It  is  Our  will  and  pleasure  that  you  do  not,  on 
any  pretence  whatever,  give  your  assent  to,  or  pass  any 
bill  or  bills  in  Our  Island  under  your  government,  by 
which  the  lands,  tenements,  goods,  chattels,  rights  and 
credits  of  persons  who  have  never  resided  within  Our  said 
Island,  shall  be  liable  to  be  seized  or  taken  in  execution 
for  the  recovery  of  debts  due  from  such  person,  otherwise 
than  is  allowed  by  law  in  cases  of  a  like  nature  within 
Our  realm  of  England,  until  you  shall  have  first  trans- 
mitted unto  Us,  through  one  of  Our  principal  Secretaries 
of  State,  the  draft  of  such  bill  or  bills,  and  shall  have 
received  Our  royal  pleasure  thereupon,  unless  you  take 
care,  in  the  passing  of  such  bill  or  bills,  that  a  clause  or 
clauses  be  inserted  therein,  suspending  and  deferring  the 
execution  thereof  until  Our  royal  will  and  pleasure  shall 
be  known  thereupon. 

20.  It  is  Our  further  will  and  pleasure  that  you  do  not, 
upon  any  pretence  whatsoever,  give  your  assent  to  any 
bill  or  bills  that  may  have  been  or  shall  hereafter  be 
passed  by  the  Council  and  Assembly  of  the  Island  under 
your  government  for  the  naturalization  of  aliens,  nor  for 
the  divorce  of  persons  joined  together  in  holy  matrimony, 
nor  for  establishing  a  title  in  any  person  to  lands,  tene- 
ments, and  real  estates  in  Our  said  Island,  originally  grant- 
ed to  or  purchased  by  aliens  antecedent  to  naturalization. 

21.  Whereas  great  mischiefs  have  arisen  by  the  frequent 
passing  of  bills  of  an  unusual  and  extraordinary  nature 
and  importance  in  the  plantations,  which  bills  remain  in 
force  there,  from  the  time  of  enacting,  until  Our  pleasure 
be  signified  to  the  contrary,  We  do  hereby  will  and  re- 


24        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

quire  you  not  to  pass  or  give  your  assent  to  any  bill  or 
bills  passed  in  the  Assembly  of  an  unusual  and  extraor- 
dinary nature  and  importance,  whereby  Our  prerogative 
or  the  property  of  Our  subjects  may  be  prejudiced,  nor 
to  any  bill  or  bills  whereby  the  trade  or  shipping  of  this 
kingdom  shall  be  in  anywise  affected,  until  you  shall  have 
first  transmitted  unto  Us,  through  one  of  Our  principal 
Secretaries  of  State,  a  draft  of  such  bill  or  bills,  and  shall 
have  received  Our  royal  pleasure  thereupon,  unless  you 
take  care  in  the  passing  any  such  bills  as  aforementioned 
that  there  be  a  clause  inserted  therein,  suspending  and 
deferring  the  execution  thereof  until  Our  pleasure  shall  be 
known  concerning  the  same. 

22.  You  are  also  to  take  care  that  no  private  Act  be 
passed,  whereby  the  property  of  any  private  person  may 
be  affected,  in  which  there  is  not  a  saving  of  the  right  of 
Us,  Our  heirs  and  successors,  all  bodies  politic  and  corpo- 
rate, and  of  all  other,  except  such  as  are  mentioned  in  the 
said  Act,  and  those  claiming  by,  from,  and  under  them; 
and  further,  you  shall  take  care  that  no  such  private  Act 
be  passed  without  a  clause  suspending  the  execution  there- 
of until  the  same  shall  have  received  Our  royal  approba- 
tion. It  is  likewise  Our  will  and  pleasure  that  you  do  not 
give  your  assent  to  any  private  Act  until  proof  be  made 
before  you  in  Council,  and  entered  in  the  council-book, 
that  public  notification  was  made  of  the  parties'  intention 
to  apply  for  such  an  Act  in  the  several  parish  churches 
where  the  premises  in  question  lie,  for  three  Sundays  at 
least  successively,  before  any  such  Act  shall  be  brought 
into  the  Assembly,  and  that  a  certificate,  under  your  hand, 
be  transmitted  with,  and  annexed  to  every  such  private 
Act,  signifying  that  the  same  has  passed  through  all  the 
forms  above  mentioned. 


NEWFOUNDLAND  25 

23.  You  are  to  take  care  that  in  all  Acts  or  Orders  to 
be  passed  within  Our  said  Island,  in  any  case  for  levying 
money  or  imposing  fines  and  penalties,  express  mention  be 
made  that  the  same  is  granted  or  reserved  to  Us,  Our 
heirs  and  successors,  for  the  public  uses  of  the  said  Island, 
and  the  support  of  the  government  thereof,  as  by  the  said 
Act  or  Order  shall  be  directed. 

24.  You  are  not  to  suffer  any  public  money  whatsoever, 
whether  it  be  appropriated  to  any  particular  service  or  not 
by  the  Act  granting  the  same,  to  be  issued  or  disposed  of 
otherwise  than  by  warrant  under  your  hand,  by  and  with 
the  consent  of  the  said  Council.  But  the  Assembly  may 
nevertheless  be  permitted  from  time  to  time  to  view  and 
examine  the  accounts  of  money  or  value  of  money  disposed 
of  by  virtue  of  laws  made  by  them,  as  there  shall  be 
occasion. 

25.  You  are  not  to  permit  any  clause  whatsoever  to  be 
inserted  in  any  law  for  levying  of  money,  or  the  value  of 
money,  whereby  the  same  shall  not  be  made  liable  to  be 
accounted  for  unto  Us,  here  in  this  Kingdom,  and  to  Our 
Commissioners  of  Our  Treasury,  or  Our  High  Treasurer 
for  the  time  being;  and  we  do  particularly  require  and  en- 
join you,  upon  pain  of  Our  highest  displeasure,  to  take 
care  that  fair  books  of  accounts  of  all  receipts  and  pay- 
ments of  all  such  money  be  duly  kept,  and  copies  thereof 
be  transmitted  to  Our  Commissioners  of  Our  Treasury,  or 
to  Our  High  Treasurer  for  the  time  being,  and  in  which 
books  shall  be  specified  every  particular  sum  raised  or 
disposed  of,  together  with  the  names  of  the  persons  to 
whom  any  payment  shall  be  made,  to  the  end  We  may  be 
satisfied  of  the  right  and  due  application  of  the  revenue 
of  Our  said  Island,  with  the  probability  of  the  increase 
and  diminution  of  it,  under  every  head  and  article  thereof. 


26       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

26.  It  is  Our  will  and  pleasure  that  you  do  in  all  things 
conform  yourself  to  the  provisions  contained  in  an  Act  of 
Parliament  passed  in  the  fourth  year  of  the  reign  of  his 
late  Majesty  King  George  the  Third,  entitled,  "  An  Act 
to  prevent  paper  bills  of  credit  hereafter  to  be  issued  in 
any  of  His  Majesty's  Colonies  or  Plantations  in  America 
from  being  declared  to  be  a  legal  tender  in  payment  of 
money,  and  to  prevent  the  legal  tender  of  such  bills  as  are 
now  subsisting  from  being  prolonged  beyond  the  periods 
limited  for  recalling  in  and  sinking  the  same;"  and  also 
of  an  Act  passed  in  the  thirteenth  year  of  the  reign  of  his 
late  Majesty  to  explain  and  amend  the  above-recited  Act 
passed  in  the  fourth  year  of  his  reign  as  aforesaid;  and  you 
are  not  to  give  your  assent  to,  or  pass  any  Act  whereby 
bills  of  credit  may  be  struck  or  issued  in  lieu  of  money, 
or  for  payment  of  money,  either  to  you,  Our  Governor, 
or  to  any  person  whatsoever,  unless  a  clause  be  inserted  in 
such  Act,  declaring  that  the  same  shall  not  take  effect  until 
the  said  Act  shall  have  been  approved  and  confirmed  by 
Us,  Our  heirs  or  successors. 

27.  You  are  to  transmit  an  authenticated  and  separate 
copy  of  every  law,  statute  or  ordinance  that  at  any 
time  hereafter  shall  be  made  or  enacted  within  the  Island 
under  your  government,  under  the  public  seal,  unto  Us, 
through  one  of  Our  principal  Secretaries  of  State,  within 
three  months,  or  sooner,  after  their  being  enacted,  upon 
pain  of  Our  highest  displeasure,  and  of  the  forfeiture  of 
that  year's  salary  wherein  you  shall  omit  to  send  over  the 
said  laws,  statutes  and  ordinances  as  aforesaid,  within 
the  time  above  mentioned,  as  also  of  such  other  penalty  as 
We  shall  please  to  inflict;  but  if  it  shall  happen  that  no 
shipping  shall  come  from  Our  said  island  within  three 
months   after   the   making   such   laws,    statutes   and   ordi- 


NEWFOUNDLAND  27 

nances,  the  same  are  to  be  transmitted  by  the  next  convey- 
ance after  the  making  thereof,  whenever  it  may  happen, 
for  Our  approbation  or  disallowance  of  the  same. 

28.  And  it  is  Our  further  will  and  pleasure  that  the 
copies  and  duplicates  of  all  Acts  that  shall  be  transmitted 
as  aforesaid  be  fairly  abstracted  in  the  margents,  and  there 
be  inserted  the  several  dates  or  respective  times  when  the 
same  passed  the  Council  and  Assembly,  and  received  your 
assent;  and  you  are  to  be  as  particular  as  may  be  in  your 
observations,  to  be  sent  to  us  through  one  of  Our  principal 
Secretaries  of  State,  upon  every  Act;  that  is  to  say, 
whether  the  same  is  introductive  of  a  new  law,  declaratory 
of  a  former  law,  or  does  repeal  a  law  then  before  in  being, 
and  you  are  likewise  to  send  to  Us,  through  one  of  Our 
principal  Secretaries  of  State,  the  reasons  for  the  passing 
of  such  laws,  unless  the  same  do  fully  appear  in  the 
preambles  of  the  said  Acts. 

29.  You  are  to  require  the  Secretary  of  the  Island  under 
your  government,  or  his  deputy  for  the  time  being,  to 
furnish  you  with  transcripts  of  all  such  Acts  and  Public 
Orders  as  shall  be  made  from  time  to  time,  together  with 
copies  of  the  journals  of  the  Council,  and  that  all  such 
copies  be  fairly  abstracted  in  the  margents,  to  the  end  the 
same  may  be  transmitted  to  Us,  through  one  of  Our  prin- 
cipal Secretaries  of  State,  which  he  is  duly  to  perform 
upon  pain  of  incurring  the  forfeiture  of  his  office. 

30.  You  are  also  to  require  from  the  clerk  of  the  As- 
sembly of  the  said  Island,  or  other  proper  officer,  tran- 
scripts of  all  the  journals  and  other  proceedings  of  the 
said  Assembly,  and  that  all  such  transcripts  be  fairly  ab- 
stracted in  the  margents,  to  the  end  the  same  may  in  like 
manner  be  transmitted  as  aforesaid. 


28        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

31.  You  shall  not  appoint  any  person  to  be  a  judge  or 
justice  of  the  peace  without  the  advice  and  consent  of  the 
majority  of  the  Council  of  Our  said  Island,  signified  in 
Council.  And  it  is  Our  further  will  and  pleasure  that  all 
commissions  to  be  granted  by  you  to  any  person  or  persons 
to  be  judges,  justices  of  the  peace,  or  other  necessary 
officers,  be  granted  during  pleasure  only. 

32.  You  shall  not  suspend  any  of  the  judges,  justices, 
or  other  officers  or  ministers,  without  good  and  sufficient 
cause,  which  you  shall  signify  in  the  fullest  and  most  dis- 
tinct manner  to  us,  through  one  of  Our  principal  Secre- 
taries of  State. 

33.  It  being  of  the  greatest  importance  to  Our  service, 
and  to  the  welfare  of  Our  subjects,  that  justice  be  every- 
where speedily  and  duly  administered,  and  that  all  dis- 
orders, delays,  and  other  undue  practices  in  the  administra- 
tion thereof,  be  effectually  prevented,  We  do  particularly 
require  you  to  take  especial  care  that  in  all  courts  where 
you  are  authorized  to  preside  justice  be  impartially  ad- 
ministered; and  that  in  all  other  courts  established  within 
Our  said  Island,  all  judges  and  other  persons  therein  con- 
cerned do  likewise  perform  their  several  duties  without  any 
delay  or  partiality.  You  shall  not  erect  any  court  or  office 
of  judicature  not  before  erected  or  established,  nor  dis- 
solve any  court  or  office  already  erected  or  established 
without  Our  especial  order. 

34.  You  are,  for  the  better  administration  of  justice, 
to  endeavor  to  get  a  law  passed  in  Our  said  Island, 
wherein  shall  be  set  the  value  of  men's  estates,  either  in 
goods  or  lands,  under  which  they  shall  not  be  capable  of 
serving  as  jurors. 

35.  You  are  to  take  care  that  all  writs  be  issued  in  Our 
name  throughout  Our  said  Island  under  your  government. 


NEWFOUNDLAND  29 

36.  Whereas,  in  pursuance  of  an  Act  passed  in  the  5th 
year  of  the  reign  of  his  late  Majesty,  King  George  the 
Fourth,  entitled,  "  An  Act  for  the  better  administration 
of  justice  in  Newfoundland,  and  for  other  purposes,"  by 
Our  charter  or  letters  patent,  issued  under  the  great 
seal  of  the  United  Kingdom  of  Great  Britain  and  Ire- 
land, a  supreme  court  of  jurisdiction,  called  the  "Supreme 
Court  of  Newfoundland,"  was  erected  and  established  in 
Our  said  Island,  with  certain  powers  and  authorities,  and 
under  certain  regulations  therein  specified,  you  are  hereby 
required  to  take  care  that  the  same  be  duly  complied  with, 
and  put  in  execution. 

37.  You  are,  with  the  advice  and  consent  of  Our  Coun- 
cil, to  take  especial  care  to  regulate  all  salaries  and  fees 
belonging  to  places,  or  paid  upon  emergencies,  that  they 
be  within  the  bounds  of  moderation,  and  that  no  extortion 
be  made  on  any  occasion  whatsoever,  as  also  that  tables 
of  all  fees  be  publicly  hung  up  in  all  places  where  such 
fees  are  to  be  paid;  and  you  are  to  transmit  copies  of  all 
such  tables  of  fees  to  Us,  through  one  of  Our  principal 
Secretaries  of  State. 

38.  You  shall  not  by  color  of  any  power  or  authority, 
hereby  or  otherwise  granted  or  mentioned  to  be  granted 
to  you,  take  upon  you  to  give,  grant,  or  dispose  of  any 
office  or  place  within  Our  said  Island,  which  now  is  or 
shall  be  granted  under  the  great  seal  of  this  Kingdom, 
or  to  which  any  person  is  or  shall  be  appointed  by  warrant 
under  Our  sign  manual  and  signet,  any  further  than  you 
may,  upon  the  vacancy  of  any  such  office  or  place,  or  upon 
the  suspension  of  any  such  officer  by  you,  put  in  any  fit 
person  to  officiate  in  the  interim  till  you  have  represented 
the  matter  to  Us,  through  one  of  Our  principal  Secre- 
taries of  State,  which  you  are  to  do  by  the  first  oppor- 


SO       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

tunity,  and  have  received  our  further  directions  therein. 

39.  You  are  to  transmit  unto  Us,  through  one  of  Our 
principal  Secretaries  of  State,  with  all  convenient  speed, 
a  particular  account  of  all  establishments  of  jurisdictions, 
courts,  offices  and  officers,  powers,  authorities,  fees,  and 
privileges,  granted  and  settled,  or  which  shall  be  granted 
and  settled  within  Our  said  Island,  as  likewise  an  account 
of  all  the  expenses  attending  the  establishments  of  the  said 
courts,  and  of  such  funds  as  are  settled  and  appropriated 
to  discharge  the  same. 

40.  It  is  Our  express  will  and  pleasure  that  you  be  at 
all  times  aiding  and  assisting  unto  the  officers  appointed 
for  the  managing,  levying,  collecting  and  receiving  public 
revenues,  and  such  duties  and  revenues  as  are  or  shall 
hereafter  be  laid  and  imposed  within  your  government,  and 
the  seizures,  forfeitures  and  arrears  which  shall  accrue  and 
grow  due  by  reason  thereof. 

41.  And  whereas  complaints  have  been  made  by  the 
officers  of  Our  Customs  in  Our  plantations  in  America 
that  they  have  been  frequently  obliged  to  serve  on  juries, 
and  personally  to  appear  in  arms  whensoever  the  militia 
is  drawn  out,  and  thereby  are  much  hindered  in  the  ex- 
ecution of  their  employments,  Our  will  and  pleasure  is 
that  you  take  effectual  care,  and  give  the  necessary  direc- 
tions that  the  several  officers  of  Our  Customs  be  excused 
and  exempted  from  serving  on  any  juries,  or  personally 
appearing  in  arms  in  the  militia,  unless  in  case  of  absolute 
necessity,  or  serving  any  parochial  offices  which  may  hinder 
them  in  the  execution  of  their  duties. 

42.  And  in  case  of  the  vacancy  of  the  Collector,  or  any 
of  Our  officers  of  the  Customs  by  death,  removal,  or  other- 
wise, and  in  order  that  there  may  be  no  delay  given  on 


NEWFOUNDLAND  31 

occasion  of  such  vacancy  to  the  masters  of  ships  or  mer- 
chants in  their  despatch,  you  are  hereby  empowered, 
subject  to  such  instructions  as  you  shall  receive  from  Our 
Commissioners  of  Our  Treasury,  or  Our  High  Treasurer, 
or  from  the  Commissioners  of  our  Customs  for  the  time 
being  in  this  behalf,  to  appoint  other  persons  duly  qualified 
to  execute  such  offices,  until  further  directions  shall  be 
received  from  Our  Commissioners  of  Our  Treasury,  or  Our 
High  Treasurer,  to  whom  you  are  to  give  notice  of  such 
appointments  by  the  first  opportunity,  taking  care  that 
you  do  not,  under  pretence  of  this  instruction,  interfere 
with  the  powers  and  authorities  given  to  Our  said  Collec- 
tor by  Our  Commissioners  of  Our  Treasury,  or  Our  High 
Treasurer,  or  by  the  Commissioners  of  Our  Customs. 

43.  You  shall  not  remit  any  fines  or  forfeitures  whatever 
above  the  sum  of  50  pounds,  nor  dispose  of  any  forfeitures 
whatsoever  until  upon  signifying  unto  Our  Commissioners 
of  Our  Treasury,  or  Our  High  Treasurer  for  the  time 
being,  the  nature  of  the  offence  and  the  occasion  of  such 
fines  and  forfeitures,  with  the  particular  sums  or  value 
thereof  (which  you  are  to  do  with  all  speed),  you  shall 
have  received  Our  directions  therein,  but  you  may  in  the 
mean  time  suspend  the  payment  of  the  said  fines  and 
forfeitures. 

44.  It  is  Our  will  and  pleasure  that  you  do  not  dispose 
of  forfeitures  or  escheats  to  any  persons  until  the  Provost 
Marshal  or  other  proper  officer  have  made  inquiries  by  a 
jury  upon  their  oaths  into  the  true  value  thereof,  nor  until 
you  shall  have  transmitted  to  Our  Commissioners  of  Our 
Treasury,  or  to  Our  High  Treasurer  for  the  time  being, 
a  particular  account  of  such  forfeitures  and  escheats  and 
the  value  thereof,  and  shall  have  received  Our  directions 
thereupon,  and  you  are  to  take  care  that  the  produce  of 


32        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

the  said  forfeitures  and  escheats,  in  case  We  shall  think 
proper  to  give  you  direction  to  dispose  of  the  same,  be 
duly  paid  to  the  receiver  of  Our  casual  revenue;  and  that 
a  full  account  thereof  be  transmitted  to  Our  Commis- 
sioners of  Our  Treasury,  or  to  Our  High  Treasurer  for 
the  time  being,  with  the  names  of  the  persons  to  whom 
disposed  of. 

45.  Whereas  you  will  receive  from  Our  Commissioners 
for  executing  the  office  of  High  Admiral  a  commission  con- 
stituting you  Vice  Admiral  of  Our  said  Island,  you  are 
hereby  required  and  directed  carefully  to  put  in  execution 
the  several  powers  thereby  granted  to  you. 

46.  And  whereas  commissions  have  been  granted  in  our 
colonies  and  plantations  for  trying  pirates  in  those  parts, 
pursuant  to  the  Acts  for  the  more  effectual  suppression  of 
piracy,  Our  will  and  pleasure  is,  that  in  all  matters  relating 
to  pirates  you  govern  yourself  according  to  the  intent  of  the 
Acts  before  mentioned,  and  any  commission  you  may  receive 
in  reference  thereto. 

47.  And  whereas  there  have  been  great  irregularities  in 
the  matter  of  granting  commissions  to  private  ships  of  war, 
you  are  to  govern  yourself  whenever  there  shall  be  occasion 
according  to  the  commission  and  instructions  granted  in  this 
Kingdom:  but  you  are  not  to  grant  commissions  of  marque 
or  reprisal  against  any  prince  or  state  or  their  subjects  in 
amity  with  Us  to  any  person  whatsoever  without  Our  special 
command. 

48.  Whereas  We  have  thought  it  necessary  for  Our  ser- 
vice to  constitute  and  appoint  a  Receiver  General  of  Our 
rights  and  perquisites  of  admiralty,  it  is  therefore  Our  will 
and  pleasure  that  you  be  aiding  and  assisting  to  the  said 
Receiver  General,  his  deputy  or  deputies,  in  the  execution 
of  the  said  office  of  Receiver  General ;  and  We  do  hereby  en- 


NEWFOUNDLAND  33 

join  and  require  you  to  make  up  your  accounts  with  him, 
his  deputy  or  deputies,  of  all  such  rights  of  admiralty  (ef- 
fects of  pirates  included)  as  you  or  your  officers  have  re- 
ceived, or  shall  or  may  receive  for  the  future,  and  to  pay  over 
to  the  said  Receiver  General,  his  deputy  or  deputies,  for  Our 
use,  all  such  sum  or  sums  of  money  as  shall  appear  upon  the 
foot  of  such  accounts,  to  be  and  remain  in  your  hands,  or  in 
the  hands  of  any  of  your  officers:  And  whereas  Our  said 
Receiver  General  is  directed,  in  case  the  parties  chargeable 
with  any  part  of  such  Our  revenue  refuse,  neglect,  or  delay 
payment  thereof,  by  himself,  or  sufficient  deputy,  to  apply 
in  Our  name  to  Our  Governors,  Judges,  Attorney  General 
or  any  other  Our  officers  or  magistrates,  to  be  aiding  or 
assisting  to  him  in  recovering  the  same,  it  is  therefore  Our 
will  and  pleasure  that  you,  Our  Governor,  Our  Judges,  Our 
Attorney  General,  and  all  other  officers  whom  it  may  con- 
cern, do  use  all  lawful  authority  for  the  recovering  and  levy- 
ing thereof. 

49.  And  whereas  by  letters  patent  under  the  great 
seal  of  Our  United  Kingdom  of  Great  Britain  and  Ireland, 
bearing  date  at  Westminster  the  10th  day  of  May  1825,  the 
Island  of  Newfoundland  was  constituted  to  be  part  of  the 
see  of  the  Bishop  of  Nova  Scotia,  and  the  said  Bishop  was 
thereby  duly  authorized  to  exercise  jurisdiction,  spiritual 
and  ecclesiastical,  in  the  said  Colonies,  it  is  Our  will  and 
pleasure  that  in  the  administration  of  the  government  of 
Our  said  Island  you  should  be  aiding  and  assisting  to  the 
said  Bishop,  and  to  his  commissary  or  commissaries,  in  the 
execution  of  their  charge,  and  the  exercise  of  such  ecclesi- 
astical jurisdiction,  excepting  only  the  granting  of  licenses 
for  marriages  and  probates  of  wills. 

50.  We  do  enjoin  and  require  that  you  do  take  especial 
care   that  Almighty   God  be   devoutly   and   truly   served 


34-       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

throughout  your  government,  the  Book  of  Common  Prayer, 
as  by  law  established,  read  each  Sunday  and  holiday,  and  the 
Blessed  Sacrament  administered  according  to  the  rites  of 
the  Church  of  England.  You  shall  be  careful  that  all  or- 
thodox churches  already  built  there  be  well  and  orderly  kept, 
and  that  more  be  built,  as  Our  Island  shall,  by  God's  bless- 
ing, be  improved.  And  that  besides  a  competent  main- 
tenance to  be  assigned  to  the  minister  of  each  orthodox 
church,  a  convenient  house  be  built  at  the  common  charge 
for  each  minister,  and  a  competent  portion  of  land  for  a 
glebe  be  allotted  to  him.  And  you  are  to  take  care  that  the 
parishes  be  so  limited  and  settled  as  you  shall  find  most 
convenient  for  the  accomplishing  this  good  work,  and  in  all 
matters  relating  to  the  celebration  of  Divine  Worship,  the 
erection  and  repair  of  churches,  the  maintenance  of  min- 
isters, and  the  settlement  of  parishes  throughout  your  gov- 
ernment, you  are  to  advise  with  the  Right  Reverend 
Father  in  God  the  Bishop  of  Nova  Scotia  for  the  time 
being. 

51.  Upon  the  vacancy  of  any  ecclesiastical  benefice  in 
Our  said  Island,  you  will  present  to  the  said  Bishop  of 
Nova  Scotia  for  the  time  faeing,  for  institution  to  such 
vacant  benefice,  any  clerk  in  holy  orders  of  the  United 
Church  of  England  and  Ireland,  who  shall  have  been 
actually  resident  within  the  said  diocese,  and  officiating 
there  as  a  clerk  in  holy  orders,  for  six  calendar  months 
at  the  least  next  before  such  benefice  shall  have  become 
vacant,  whom  the  said  bishop  may  certify  to  you  to  be  a 
fit  and  proper  person  to  fill  such  vacancy,  and  to  be  a 
person  of  good  life  and  conversation,  and  conformable  to 
the  doctrine  and  discipline  of  the  said  United  Church.  But 
if  at  the  time  of  any  such  vacancy  occurring  there  shall 
not  be  resident  within  the  said  diocese  any  clerk  in  holy 


NEWFOUNDLAND  35 

orders  of  the  said  United  Church  who  shall  have  been  resi- 
dent and  officiating  therein  as  aforesaid,  in  whose  favor 
the  said  bishop  shall  think  proper  so  to  certify  to  you,  or 
if  no  such  certificate  shall  be  received  by  you  from  the 
said  bishop  within  three  calendar  months  "next  after  such 
vacancy  shall  occur,  then  and  in  either  of  such  cases  you 
shall  forthwith  report  the  circumstances  to  Us,  through 
one  of  Our  principal  Secretaries  of  State,  to  the  intent 
that  We  may  nominate  some  fit  and  proper  person,  being 
a  clerk  in  holy  orders  as  aforesaid,  to  fill  the  said  vacancy. 
And  We  do  enjoin  and  command  you  to  present  to  the 
said  Bishop  for  institution  to  any  such  vacant  ecclesiastical 
benefice,  any  clerk  who  may  be  so  nominated  by  Us, 
through  one  of  Our  principal  Secretaries  of  State. 

52.  You  are  to  inquire  whether  there  be  any  minister 
within  your  government  who  preaches  and  administers  the 
Sacrament  in  any  orthodox  church  or  chapel,  without  being 
in  due  orders,  and  to  give  an  account  thereof  to  the  said 
Bishop  of  Nova  Scotia. 

53.  And  whereas  doubts  have  arisen  whether  the  powers 
of  granting  licenses  for  marriages  and  probates  of  wills, 
commonly  called  the  Office  of  Ordinary,  which  We  have 
reserved  to  you,  Our  Governor,  can  be  exercised  by  depu- 
tation from  you  to  any  other  person  within  Our  said  Island 
under  your  government,  it  is  Our  express  will  and  plea- 
sure, and  you  are  hereby  directed  and  required  not  to  grant 
deputations  for  the  exercise  of  the  said  powers,  commonly 
called  the  Office  of  Ordinary,  to  any  person  or  persons 
whatsoever  in  Our  said  Island  under  your  government. 

54.  And  you  are  to  take  especial  care  that  a  table  of 
marriages  established  by  the  canons  of  the  Church  of 
England  be  hung  up  in  every  orthodox  church  and  duly 
observed. 


36       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

55.  The  Right  Reverend  Father  in  God,  Edmund,  then 
Lord  Bishop  of  London,  having  presented  a  petition  to 
his  Majesty  King  George  the  First,  humbly  beseeching 
him  to  send  instructions  to  the  governors  of  all  the  several 
colonies  and  plantations  in  America,  that  they  cause  all 
laws  already  made  against  blasphemy,  profaneness,  adul- 
tery, fornication,  polygamy,  incest,  profanation  of  the 
Lord's  day,  swearing  and  drunkenness  in  their  respective 
governments  to  be  rigorously  executed,  and  We,  thinking 
it  highly  just  that  all  persons  who  shall  offend  in  any  of 
the  particulars  aforesaid  should  be  prosecuted  and  punish- 
ed for  their  said  offences,  it  is  therefore  Our  will  and 
pleasure  that  you  take  due  care  for  the  punishment  of  the 
afore-mentioned  vices,  and  that  you  earnestly  recommend 
that  effectual  laws  be  passed  for  the  restraint  and  punish- 
ment of  all  such  of  the  afore-mentioned  vices  against  which 
no  laws  are  as  yet  provided.  And  also  you  are  to  use 
your  endeavors  to  render  the  laws  in  being  more  effectual, 
by  providing  for  the  punishment  of  the  afore-mentioned 
vices,  by  presentment  upon  oath  to  be  made  to  the  tem- 
poral courts  by  the  church-wardens  of  the  several  parishes, 
at  proper  times  of  the  year  to  be  appointed  for  that  pur- 
pose; and  for  the  further  discouragement  of  vice  and 
encouragement  of  virtue  and  good  living,  you  are  not  to 
admit  any  persons  to  public  trusts  or  employments  in  the 
Island  under  your  government  whose  ill  fame  and  con- 
versation may  occasion  scandal. 

56.  It  is  Our  further  will  and  pleasure  that  you  recom- 
mend to  the  Legislature  to  enter  upon  proper  methods  for 
the  erecting  and  maintaining  schools  in  order  to  the  train- 
ing up  of  youth  to  reading,  and  to  a  necessary  knowledge 
of  the  principles  of  religion.  You  are  not,  however,  to 
give  your  consent  to  any  Act  respecting  religion  without 


NEWFOUNDLAND  37 

a  clause  suspending  its  operation  until  Our  pleasure  shall 
have  been  signified  thereupon,  unless  a  draft  thereof  shall 
have  been  previously  transmitted  by  you  for  Our  consid- 
eration and  approval. 

57.  And  We  do  further  direct  that  in  all  matters  arising 
within  your  government  connected  with  the  education  of 
youth  in  the  principles  of  die  Christian  religion  according 
to  the  doctrine  of  the  said  United  Church  of  England,  or 
connected  with  the  prevention  of  vice  and  profaneness,  or 
the  conversion  of  negroes  and  other  slaves,  or  connected 
with  the  worship  of  Almighty  God,  or  the  promotion  of 
religion  and  virtue,  you  be  advising  with  the  Bishop  for  the 
time  being  of  the  said  diocese  of  Nova  Scotia,  and  be 
aiding  him  in  the  execution  of  all  such  designs  and  under- 
takings as  may  be  recommended  by  the  said  Bishop  for  the 
promotion  of  any  of  the  objects  before  mentioned,  so  far 
as  such  designs  and  undertakings  may  be  consistent  with 
the  law  and  with  your  said  commission,  and  these  Our 
instructions. 

58.  You  are  to  transmit  to  Us,  through  one  of  Our 
principal  Secretaries  of  State,  regular  monthly  returns  of 
the  militia  of  Our  said  island  whenever  and  so  long  as  the 
same  shall  be  embodied,  with  a  particular  state  of  their 
arms  and  accoutrements;  and  for  the  due  preservation 
and  security  of  which  you  are  to  establish  such  regulations 
as  you  shall  judge  to  be  most  effectual  for  that  purpose. 

59.  You  shall  not  upon  any  occasion  whatsoever  estab- 
lish or  put  in  execution  any  articles  of  war,  or  other  law 
martial,  upon  any  of  Our  subjects,  inhabitants  of  Our  said 
Island,  without  the  advice  and  consent  of  Our  Council. 

60.  And  in  case  of  any  distress  of  any  other  of  Our 
plantations,  you  shall,  upon  application  of  the  respective 
Governors  thereof  unto  you,  assist  them  with  what  aid  the 


{.  % 


48539 


38       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

condition  and  safety  of  Our  Island  under  your  government 
can  spare. 

61.  You  shall,  from  time  to  time,  give  unto  Us,  through 
one  of  Our  principal  Secretaries  of  State,  an  account  of 
the  wants  and  defects  of  the  Island  under  your  govern- 
ment, what  are  the  chief  products  thereof,  what  improve- 
ments have  been  lately  made,  and  what  further  improve- 
ments you  conceive  may  be  made,  or  advantages  gained 
by  trade,  and  in  what  way  We  may  contribute  thereunto. 

62.  If  any  thing  shall  happen  which  may  be  of  ad- 
vantage or  security  to  Our  Island  under  your  government, 
which  is  not  herein  or  by  Our  commission  provided  for, 
We  do  hereby  allow  you,  with  the  advice  and  consent  of 
Our  Council,  to  take  orders  for  the  present  therein,  giving 
unto  Us,  through  one  of  Our  principal  Secretaries  of 
State,  speedy  notice  thereof,  that  so  you  may  receive  Our 
ratification,  if  We  shall  approve  the  same:  Provided  al- 
ways, that  you  do  not,  under  color  of  any  power  or 
authority  hereby  given  to  you,  commence  or  declare  war 
without  Our  knowledge  and  particular  commands  therein 
first  obtained  leave  for  so  doing  from  Us,  under  Our  sign 
manual  and  signet,  or  by  Our  order  in  Our  Privy  Council. 

63.  And  whereas  we  have  thought  fit,  by  Our  com- 
mission, to  direct  that  in  case  of  your  death  or  absence, 
and  there  be  at  that  time  no  person  within  Our  said  Island, 
commissioned  or  appointed  by  Us  to  be  Lieutenant  Gov- 
ernor, or  specially  appointed  by  Us  to  administer  the 
government  within  Our  said  Island,  that  the  Councillor 
whose  name  is  first  placed  in  Our  instructions  to  you, 
(unless  it  shall  therein  be  otherwise  signified),  and  who 
shall  be,  at  the  time  of  your  absence,  residing  within  Our 
said  Island,  and  who  shall  take  the  oaths  appointed  to  be 
taken   by   you    or   the    Commander-in-Chief   of    Our    said 


NEWFOUNDLAND  39 

Island,  shall  take  upon  him  the  administration  of  the  gov- 
ernment, and  execute  Our  said  commission  and  instruc- 
tions and  the  several  powers  and  authorities  therein  con- 
tained, in  the  manner  therein  directed.  It  is,  nevertheless, 
Our  express  will  and  pleasure  that  in  such  case  the 
Councillor  so  administering  the  government  shall  forbear 
to  pass  any  Act  or  Acts  but  what  are  immediately  neces- 
sary for  the  peace  and  welfare  of  the  said  Island,  without 
Our  particular  order  for  that  purpose;  and  that  he  shall 
not  take  upon  him  to  dissolve  the  Assembly  then  in  being, 
or  to  remove  or  suspend  any  of  the  members  of  Our 
Council,  nor  any  judges,  justices  of  the  peace,  or  other 
officer,  civil  or  military,  without  the  advice  and  consent 
of  at  least  seven  of  the  Council,  nor  even  then  without  good 
and  sufficient  reason  for  the  same,  which  the  said  President 
is  to  transmit,  signed  by  himself  and  the  respective  Council, 
to  Us,  through  one  of  Our  principal  Secretaries  of  State. 

64.  And  whereas  We  are  willing  to  provide  in  the  best 
manner  for  the  support  of  the  government  of  Our  said 
Island,  by  setting  apart  sufficient  allowances  to  such  as 
shall  be  Our  Governor  or  Commander-in-Chief,  residing 
for  the  time  being  within  the  same,  Our  will  and  pleasure 
is,  that  when  it  shall  happen  that  you  shall  be  absent  from 
Our  said  Island,  one  full  moiety  of  the  salary,  and  of  all 
perquisites  and  emoluments  whatsoever,  which  would  other- 
wise become  due  unto  you,  shall,  during  the  time  of  5Tour 
absence,  be  paid  and  satisfied  unto  such  Lieutenant  Gover- 
nor or  President  of  the  Council  for  the  time  being,  which 
We  do  hereby  order  and  allot  unto  him  for  his  maintenance, 
and  for  the  better  support  of  the  dignity  of  Our  govern- 
ment. 

65.  And  you  are  upon  all  occasions  to  send  to  Us, 
through    one    of    Our    principal    Secretaries    of    State,    a 


40        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

particular   account   of   all  your  proceedings,    and   of   the 
condition  of  affairs  within  your  government. 

William.,  R. 


ROYAL  PROCLAMATION  ESTABLISHING 
REPRESENTATIVE  GOVERNMENT  x 

July  26,  1832 

William  the  Fourth,  by  the  Grace  of  God,  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  King, 
Defender  of  the  Faith,  &c. 

To  all  to  whom  these  presents  shall  come,  greeting: 
Whereas  by  Our  letters  patent  under  the  great  seal 
of  Our  United  Kingdom  aforesaid,  bearing  date  at  West- 
minster, the  2d  of  March  1832,  in  the  second  year  of  Our 
reign,  We  have  given  and  granted  to  Our  trusty  and 
well-beloved  Sir  Thomas  John  Cochrane,  Knight,  Our 
Governor  and  Commander-in-Chief  of  Our  Island  of  New- 
foundland, full  power  and  authority  to  summon  and  call 
a  General  Assembly  of  the  freeholders  and  householders 
within  Our  said  Island;  it  is  therefore  Our  pleasure,  and 
We  do  hereby  declare  and  make  known  to  all  Our  loving 
subjects  within  the  same,  that  for  the  purpose  of  the  elec- 
tion of  the  members  of  the  said  Assembly,  the  said  Island 
shall  be  divided  into  nine  districts,  to  be  called  respectively 

The  district  of  St.  John. 

The  district  of  Conception  Bay. 

The  district  of  Fogo. 

The  district  of  Bonavista. 

The  district  of  Trinity  Bay. 

The  district  of  Ferryland. 

i  Commons  Papers,  1831-32,  vol.  32,  No.  704,  p.  14. 


NEWFOUNDLAND  41 

The  district  of  Placentia  and  St.  Mary. 

The  district  of  Burin. 

The  district  of  Fortune  Bay. 

And  We  do  further  declare  Our  pleasure  to  be  that  Our 
said  Governor  do  issue  in  Our  name  writs  for  the  election 
of  the  members  of  the  several  districts  before  mentioned, 
which  writs  shall  be  addressed  to  the  several  returning 
officers  aforesaid,  and  shall  by  them  be  returned  to  the 
Colonial  Secretary  for  the  time  being  of  Our  said  Island. 

And  it  is  Our  will  and  pleasure  that  every  man,  being 
of  the  full  age  of  twenty-one  years  and  upwards,  and 
being  of  sound  understanding,  and  being  Our  natural  born 
subject,  or  having  been  lawfully  naturalized,  and  never 
having  been  convicted  in  due  course  of  law  of  any  infamous 
crime,  and  having  for  two  years  next  immediately  preceding 
the  day  of  election  occupied  a  dwelling-house  within  Our 
said  Island  as  owner  or  tenant  thereof,  shall  be  eligible  to 
be  a  member  of  the  said  House  of  Assembly. 

And  it  is  Our  further  will  and  pleasure,  that  every  man 
who  for  one  year  next  immediately  preceding  the  day  of 
election  hath  occupied  a  dwelling-house  within  Our  said 
Island  as  owner  or  tenant  thereof,  and  who  in  other  re- 
spects may  be  eligible,  according  to  the  regulations  afore- 
said, to  be  a  member  of  the  said  House  of  Assembly,  shall 
be  competent  and  entitled  to  vote  for  the  election  of  mem- 
bers of  the  said  Assembly  in  and  for  the  district  within 
which  the  dwelling-house  so  occupied  as  aforesaid  by  him 
may  be  situate. 

And  it  is  Our  pleasure  that  the  votes  for  the  members 
of  the  said  Assembly  shall  be  taken  by  the  said  several 
returning  officers  at  such  one  or  more  place  or  places 
within  each  of  the  said  districts  as  shall  for  that  purpose 


42       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

be  appointed  in  the  body  of  the  writ  addressed  to  the  re- 
turning officer  of  every  such  district  respectively,  and  at 
or  within  such  time  or  times  as  shall  for  the  purpose  be 
therein  limited:  but  inasmuch  as  by  reason  of  the  difficulty 
of  internal  communication  within  Our  said  Island,  many 
persons  entitled  to  vote  might  be  prevented  from  the  exer- 
cise of  such  their  franchise,  if  in  every  case  it  were  neces- 
sary to  attend  in  person  for  that  purpose,  We  do  therefore 
declare  Our  pleasure  to  be,  that  in  respect  of  any  dwelling- 
house  situate  at  the  distance  of  more  than  miles 

from  the  nearest  place  of  election,  within  any  of  the  said 
districts,  the  vote  of  any  householder,  duly  qualified  as 
aforesaid,  may  be  given  without  his  personal  attendance, 
by  a  written  notice  subscribed  by  such  voter,  in  the  pres- 
ence of  two  credible  witnesses,  and  duly  attested  by  their 
signatures;  which  notices  shall  be  in  such  form  as  Our 
Governor  for  the  time  being  of  Our  said  Island  shall  from 
time  to  time  direct. 

And  it  is  Our  further  pleasure,  that  if  any  candidate 
or  voter  at  any  such  election  shall  object  to  any  vote  then 
tendered,  it  shall  be  the  duty  of  the  returning  officer  to 
hear  such  objection,  and  what  may  be  alleged  in  support 
of,  or  in  answer  to,  the  same,  and  to  examine  on  oath  the 
parties  by  or  against  whom  such  objection  may  be  raised, 
and  any  person  or  persons  who  may  be  adduced  as  a  wit- 
ness or  as  witnesses  on  either  side;  and  upon  such  hearing, 
to  admit  or  to  overrule  any  such  objection  as  may  to  such 
returning  officer  appear  just  and  right. 

And  We  do  further  declare  Our  will  to  be,  that  the 
persons  in  favor  of  whom  the  greater  number  of  votes 
shall  be  given  in  any  such  district  shall  be  publicly  de- 
clared by  such  returning  officer  to  be  duly  elected  to  be  the 
representatives  thereof  in  the  said  General  Assembly,  and 


NEWFOUNDLAND  43 

shall  thereupon  be  returned  and  take  their  seats  accord- 
ingly: Provided  always,  that  in  cases  of  peculiar  doubt 
or  difficulty,  it  shall  be  competent  for  any  such  returning 
officer  to  make  a  special  return,  setting  forth  the  grounds 
of  such  doubt,  upon  which  the  said  House  of  Assembly 
shall  afterwards  decide. 

And  it  is  Our  will,  and  We  do  further  declare,  that 
the  Assembly  so  to  be  chosen  as  aforesaid  shall  continue 
only  during  Our  pleasure,  and  that  the  said  Assembly 
shall  not  proceed  to  the  despatch  of  any  business,  unless 
six  members  at  the  least  shall  be  present  at  and  during 
the  whole  of  the  deliberations  of  the  said  House  thereupon. 

And  whereas  it  may  be  necessary,  in  order  to  the  com- 
plete execution  of  the  several  purposes  aforesaid,  that 
further  regulations  should  be  made  for  the  conduct  of  the 
said  elections,  and  the  return  of  members  to  serve  in  the 
said  House  of  Assembly,  We  have  therefore  authorized, 
and  do  hereby  authorize,  Our  Governor  for  the  time  being 
of  Our  said  Island,  by  any  proclamation  or  proclamations 
to  be  by  him  from  time  to  time  issued  in  Our  name  and 
on  Our  behalf,  to  make  such  further  regulations  as  may 
be  necessary  for  the  conduct  of  the  said  elections,  and  for 
the  return  of  members  to  serve  in  the  said  House  of  As- 
sembly, and  for  the  due  discharge  of  the  duties  of  the  said 
returning  officer;  and  which  regulations  shall  be  of  full 
force,  virtue  and  effect  until  provision  be  otherwise  made 
by  law,  it  being,  nevertheless,  Our  pleasure  that  the  regu- 
lations so  to  be  made  as  aforesaid  be  not  repugnant  to,  or 
inconsistent  with,  the  several  provisions  hereinbefore  con- 
tained, or  any  of  them. 

Given  at  our  Court,  at  St.  James's,  on  the  twenty-sixth 
day  of  July,  one  thousand  eight  hundred  and  thirty-two, 
in  the  third  year  of  Our  reign. 


44       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


ACT    TO    AMEND    THE    CONSTITUTION    OF 
THE  GOVERNMENT  OF  NEWFOUNDLAND 

[5  &  6  Victoria,  cap.  120] 

1842 

An  Act  for  amending  the  Constitution  of  the  Government 
of  Newfoundland. 

Whereas  by  a  Commission  under  the  great  seal  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  bearing 
date  at  Westminster  the  second  day  of  March  in  the  year 
one  thousand  eight  hundred  and  thirty-two,  his  late  Maj- 
esty King  William  IV,  did  give  and  grant  unto  the  then 
Governor  of  the  Island  of  Newfoundland  full  power  and 
authority,  with  the  advice  and  consent  of  the  Council 
of  the  said  Island,  from  time  to  time,  as  need  should 
require,  to  summon  and  call  general  assemblies  of  the 
freeholders  and  householders  within  the  said  Island  and 
its  dependencies,  in  such  manner  and  form,  and  according 
to  such  powers,  instructions,  and  authorities,  as  were 
granted  or  appointed  by  certain  instructions  under  his 
said  late  Majesty's  sign  manual  and  signet  accompanying 
the  said  commission;  and  his  said  late  Majesty  did  by 
the  said  Commission  declare,  that  the  persons  so  elected, 
having  taken  certain  oaths  therein  mentioned,  should  be 
called  and  deemed  the  General  Assembly  of  the  said  Island 
of  Newfoundland;  and  the  said  Governor,  by  and  with  the 
advice  and  consent  of  the  said  Council  and  Assembly  or 
the  major  part  of  them  respectively,  was  by  the  said 
commission  empowered  and  authorized  to  make,  consti- 
tute, and  ordain  laws,  statutes,  and  ordinances  for  the 
public  peace,  welfare,  and  good  government  of  the  said 


NEWFOUNDLAND  45 

Island  and  its  dependencies,  and  the  people  and  inhabitants 
thereof,  and  such  others  as  should  resort  thereto,  and  for 
the  benefit  of  his  late  Majesty,  his  heirs  and  successors: 

And  whereas  by  the  before-mentioned  instructions  so 
referred  to  as  aforesaid  in  the  said  commission  the  said 
Governor  was  authorized  to  issue  a  proclamation  dividing 
the  said  Island  into  districts  or  counties,  towns  or  town- 
ships, and  appointing  the  limits  thereof,  and  declaring  and 
appointing  the  number  of  representatives  to  be  chosen  by 
each  of  such  districts  or  counties,  towns  or  townships 
respectively : 

And  whereas  the  proclamation  referred  to  in  the  said  last- 
mentioned  instructions  was  accordingly  issued  by  the  said 
Governor  in  the  name  and  on  the  behalf  of  his  said  late 
Majesty,  whereby  the  said  Island  was  divided  into  nine 
districts  for  the  purpose  of  the  election  of  the  Members  of 
the  said  Assembly;  and  it  was  by  the  said  proclamation, 
amongst  other  things,  declared  that  every  man  being  of 
the  full  age  of  twenty-one  years  and  upwards,  and  being 
of  sound  understanding,  and  being  a  natural  born  subject 
of  his  said  late  Majesty,  or  having  been  lawfully  natural- 
ized, and  never  having  been  convicted  in  due  course  of  law 
of  any  infamous  crime,  and  having  for  two  years  next 
immediately  preceding  the  day  of  election  occupied  a 
dwelling-house  within  the  said  Island,  as  owner  or  tenant 
thereof,  should  be  eligible  to  be  a  Member  of  the  said 
House  of  Assembly;  and  it  was  by  said  Proclamation 
further  declared,  that  every  man  who  for  one  year  next 
immediately  preceding  the  day  of  election  had  occupied  a 
dwelling-house  within  the  said  Island,  as  owner  or  tenant 
thereof,  and  who  in  other  respect  might  be  eligible,  accord- 
ing to  the  regulations  aforesaid,  to  be  a  Member  of  the  said 
House  of  Assembly,  should  be  competent  and  entitled  to 


46       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

vote  for  the  election  of  Members  of  the  said  Assembly  in 
and  for  the  district  within  which  the  dwelling-house  so 
occupied  as  aforesaid  by  him  might  be  situated. 

And  whereas,  in  pursuance  of  the  said  commission, 
instruction,  and  proclamation,  general  assemblies  have 
since  been  elected  and  holden  in  and  for  the  said  Island 
of  Newfoundland  in  the  manner  therein  prescribed;  and 
the  said  commission  and  instructions  have  from  time  to 
time  been  renewed  on  the  appointment  of  the  successive 
Governors  of  the  said  Island,  and  divers  laws  have  been 
made  in  pursuance  thereof  by  the  said  Governor,  Council, 
and  Assembly: 

And  whereas  it  is  expedient  that  the  changes  herein- 
after mentioned  should  be  made  in  the  Constitution  of  the 
Government  of  the  said  Island:  be  it  therefore  enacted  by 
the  Queen's  most  excellent  Majesty,  by  and  with  the 
advice  and  consent  of  the  Lords  spiritual  and  temporal, 
and  Commons,  in  this  present  Parliament  assembled,  and 
by  the  authority  of  the  same,  that  it  shall  be  lawful  for  Her 
Majesty  in  or  by  any  commission  or  commissions  under 
the  great  seal  of  the  United  Kingdom,  to  be  hereafter 
issued  for  the  government  of  Newfoundland,  and  in  and 
by  any  instructions  under  Her  Majesty's  signet  and  sign 
manual  accompanying  and  referred  to  in  any  such  com- 
mission or  commissions,  to  establish  a  qualification  in 
respect  of  income  or  property,  in  right  of  which  any  person 
may  be  hereafter  elected  to  serve  as  a  member  of  the  said 
Assembly;  provided  that  no  such  qualification  shall  be  fixed 
at  more  than  a  net  annual  income,  arising  from  any  source 
whatsoever,  of  100  pounds  or  the  possession  of  property, 
clear  of  all  incumbrances,  exceeding  500  pounds  in  amount 
or  value. 

II.    And  be  it  enacted,  that  it  shall  be  lawful  for  Her 


NEWFOUNDLAND  47 

Majesty,  in  manner  aforesaid,  to  fix  and  determine  the 
length  of  the  period  of  residence  within  any  electoral  dis- 
trict in  the  said  Island  which  shall  be  required  in  addition 
to  any  other  qualification  for  voting  at  elections  within 
such  district,  or  for  being  elected  to  serve  as  a  member 
of  the  Assembly;  provided  that  such  period  shall  not  ex- 
tend beyond  the  period  of  two  years  next  preceding  any 
such  election. 

VIII.  Provided  always,  and  be  it  enacted,  that  no 
change  which  shall  be  made  in  the  Constitution  of  the  said 
Island  under  this  Act  shall  continue  for  a  longer  time  than 
the  first  day  of  September,  1846,  unless  Parliament  shall 
otherwise  order;  but  this  enactment  shall  not  be  construed 
to  annul  or  affect  any  laws,  statutes,  or  ordinances  made 
by  the  Legislature  of  the  said  Island  as  constituted  under 
the  authority  of  this  Act. 


ACT   TO  AMEND  THE  CONSTITUTION  OF  THE 
GOVERNMENT  OF  NEWFOUNDLAND 

[9  &  10  Victoria,  cap.  45] 

1846 

An  Act  to  continue  until  the  first  day  of  September,  one 
thousand  eight  hundred  and  forty-seven,  certain  of  the 
provisions  of  an  Act  of  the  fifth  and  sixth  years  of  Her 
present  Majesty  for  amending  the  Constitution  of  the 
Government  of  Newfoundland. 

Whereas  by  an  Act  passed  in  the  fifth  and  sixth  years 
of  the  reign  of  Her  Majesty  [cap.  120],  for  amending  the 
Constitution  of  the  Government  of  Newfoundland,  divers 
powers  and  authorities  were  for  that  purpose  vested  in  Her 


48        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Majesty,  and  it  was  thereby  provided  that  no  change  which 
should  be  made  in  the  constitution  of  the  said  Island  under 
the  said  Act  should  continue  for  a  longer  time  than  the 
1st  day  of  September,  1846,  unless  Parliament  should 
otherwise  order:  and  whereas  by  virtue  of  the  provision 
last  aforesaid  the  changes  made  in  the  constitution  of  the 
said  Island  under  the  said  Act  will  cease  to  be  in  force 
upon  and  from  and  after  the  1st  day  of  September  now 
next  ensuing,  unless  further  provision  in  that  behalf  be 
made  by  Parliament ;  and  it  is  expedient  that  the  changes 
made  in  the  constitution  of  the  said  Island  under  the  said 
Act  should  continue  to  be  in  force  until  the  1st  day  of 
September  which  will  be  in  the  year  1847:  be  it  therefore 
enacted  by  the  Queen's  most  excellent  Majesty,  by  and 
with  the  advice  and  consent  of  the  Lords  Spiritual  and 
Temporal,  and  Commons,  in  this  present  Parliament  as- 
sembled, and  by  the  authority  of  the  same,  that  the  changes 
made  in  the  constitution  of  the  said  Island  under  the  said 
recited  Act  shall  continue  in  force  until  the  1st  day  of 
September  which  will  be  in  the  year  1847. 

II.  And  be  it  enacted,  that  this  Act  may  be  amended 
or  repealed  by  any  Act  to  be  passed  during  this  session 
of  Parliament. 


NEWFOUNDLAND  49 


ACT    TO    RENDER    PERMANENT    CERTAIN 

PARTS  OF  THE  CONSTITUTION  OF  THE 

GOVERNMENT  OF  NEWFOUNDLAND 

[10  &  11  Victoria,  cap.  44] 

1847 

An  Act  to  render  permanent  certain  parts  of  the  Act  for 
amending  the  Constitution  of  the  Government  of  New- 
foundland. 

Whereas  by  an  Act  passed  in  the  session  of  Parliament 
holden  in  the  fifth  and  sixth  years  of  the  reign  of  her  present 
Majesty  [cap.  120],  entitled,  "An  Act  for  amending  the 
Constitution  of  the  Government  of  Newfoundland,"  it  was 
amongst  other  things  enacted,  that  it  should  be  lawful  for 
Her  Majesty,  in  or  by  any  commission  or  commissions 
under  the  great  seal  of  the  United  Kingdom,  to  be  there- 
after issued  for  the  Government  of  Newfoundland,  and  in 
and  by  any  instructions  under  Her  Majesty's  signet  and 
sign  manual  accompanying  and  referred  to  in  any  such 
commission  or  commissions,  to  establish  a  qualification  in 
respect  of  income  or  property,  in  right  of  which  any  person 
might  be  thereafter  elected  to  serve  as  a  Member  of  the 
Assembly  of  Newfoundland;  provided  that  no  such  quali- 
fication should  be  fixed  at  more  than  a  net  annual  income, 
arising  from  any  source  whatsoever,  of  100  pounds,  or  the 
possession  of  property,  clear  of  all  incumbrances,  exceeding 
500  pounds  in  amount  or  value ;  and  that  it  should  be  lawful 
for  Her  Majesty,  in  manner  aforesaid,  to  fix  and  de- 
termine the  length  of  the  period  of  residence  within  any 
electoral  district  in  the  said  Island  which  should  be  re- 
quired, in  addition  to  any  other  qualification,  for  voting  at 


50        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

elections  within  such  district,  or  for  being  elected  to  serve 
as  a  Member  of  the  Assembly,  provided  that  such  period 
should  not  extend  beyond  the  period  of  two  years  next 
preceding  any  such  election;  and  that  it  should  be  lawful 
for  Her  Majesty,  in  manner  aforesaid,  to  restrain  the  said 
Assembly  from  appropriating  to  the  public  service  within 
the  Island  of  Newfoundland  any  part  of  the  public  rev- 
enue thereof  in  cases  where  such  services  should  not  have 
been  previously  recommended,  or  such  grants  of  money 
should  not  have  been  previously  asked  by  or  on  the  behalf 
of  Her  Majesty;  and  that  it  should  be  lawful  for  Her 
Majesty,  in  manner  aforesaid,  to  restrain  and  prohibit  the 
election  of  Members  to  serve  in  the  said  Assembly  in 
different  districts  on  successive  or  different  days,  and  to 
require  that  all  such  elections  should  be  simultaneous,  and 
should  be  completed  within  a  time  to  be  limited,  and  that 
any  such  future  commission  or  instructions  as  aforesaid 
should  be  laid  before  both  Houses  of  Parliament  within 
thirty  days  next  after  the  date  thereof,  should  Parliament 
then  be  in  session,  or  if  not,  then  within  thirty  days  next 
after  the  commencement  of  the  then  next  session  of  Parlia- 
ment; and  it  was  thereby  provided  that  no  change  which 
should  be  made  in  the  Constitution  of  the  said  Island  under 
the  said  Act,  should  continue  for  a  longer  time  than  the 
first  day  of  September,  one  thousand  eight  hundred  and 
forty-six,  unless  Parliament  should  otherwise  order:  and 
whereas  by  an  Act  passed  in  the  session  of  Parliament 
holden  in  the  ninth  and  tenth  years  of  Her  Majesty's 
reign  [cap.  45],  entitled,  "  An  Act  to  continue  till  the 
first  day  of  September,  one  thousand  eight  hundred  and 
forty-seven,  certain  of  the  provisions  of  an  Act  of  the  fifth 
and  sixth  years  of  Her  present  Majesty,  for  amending  the 
Constitution  of  the  Government  of  Newfoundland,"  it  was 


NEWFOUNDLAND  51 

enacted,  that  the  changes  made  in  the  Constitution  of  the 
said  Island  under  the  said  recited  Act  should  continue  in 
force  until  the  first  day  of  September,  one  thousand  eight 
hundred  and  forty-seven:  and  whereas  upon  and  from  the 
first  day  of  September,  one  thousand  eight  hundred  and 
forty-seven,  the  changes  made  in  the  Constitution  of  the 
said  Island  under  the  first  recited  Act  will  cease  to  be  in 
force  unless  further  provision  in  that  behalf  be  made  by 
Parliament;  and  it  is  expedient  that  from  and  after  the 
said  first  day  of  September,  one  thousand  eight  hundred 
and  forty-seven,  the  first  recited  Act  should  cease  to  be 
in  force,  save  only  so  far  as  the  same  is  hereinbefore 
recited:  be  it  enacted  by  the  Queen's  most  excellent  Maj- 
esty, by  and  with  the  advice  and  consent  of  the  Lords 
spiritual  and  temporal,  and  Commons,  in  this  present  Par- 
liament assembled,  and  by  the  authority  of  the  same,  that 
so  much  as  is  hereinbefore  recited  of  the  first  recited  Act 
shall  be  permanent,  and  that  upon  and  from  and  after  the 
first  day  of  September,  one  thousand  eight  hundred  and 
forty-seven,  so  much  of  the  said  Act  as  is  not  hereinbefore 
recited  shall  cease  to  be  in  force. 

II.  And  be  it  enacted,  that  this  Act  may  be  amended 
or  repealed  by  any  Act  to  be  passed  during  this  session 
of  Parliament. 


52       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


DESPATCH    FROM    THE    COLONIAL    OFFICE 

TO  THE  GOVERNOR  OF  NEWFOUNDLAND 

AUTHORIZING     THE      ESTABLISHMENT 

OF  RESPONSIBLE  GOVERNMENT  * 

February  21,  1854  2 

1  have  to  acknowledge  your  despatch  No.  41,  of  the 
28th  June  last,  transmitting  an  address  from  the  House 
of  Assembly,  announcing  the  appointment  by  that  body 
of  three  of  its  members  to  represent  to  Her  Majesty's 
Government  the  state  of  the  Colony  of  Newfoundland,  and 
operation  of  its  present  system  of  government,  and  on  the 
establishment  of  reciprocal  free  trade  with  the  United 
States  of  America. 

2.  Both  during  and  since  the  visit  of  the  gentlemen  in 
question  to  England,  I  have  given  to  the  first  of  these 
subjects  my  fullest  consideration,  and  have  not  failed  to 
give  due  weight  to  the  circumstance  that  the  same  expres- 
sions of  opinions  and  wishes  have  proceeded  from  succes- 
sive bodies  of  representatives  elected  by  the  people,  with 
full  knowledge  that  this  important  question  was  at  issue. 

3.  Her  Majesty's  Government  have  come  to  the  con- 
clusion that  they  ought  not  to  withhold  from  Newfound- 
land those  institutions,  and  that  system  of  civil  administra- 
tion which,  under  the  popular  name  of  responsible  govern- 
ment, have  now  been  adopted  in  all  Her  Majesty's 
neighboring  possessions  in  North  America. 

4.  They  are  prepared  to  concede  the  immediate  applica- 
tion of  this  system,  as  soon  as  certain  necessary  preliminary 

i  Commons  Papers,  1854-55,  vol.  36,  No.  273,  p.  1. 

2  Received  ca.  March  1. 


NEWFOUNDLAND  53 

conditions  have  been  acceded  to  on  the  part  of  the  Legis- 
lature. 

5.  The  first  of  these  is  the  same  which  has  been  agreed 
to,  and  put  in  practice  when  the  recent  change  of  the  same 
description  took  place  in  Nova  Scotia  and  in  Prince  Ed- 
ward Island,  namely,  the  indemnification  of  present  holders 
of  those  offices  which,  by  the  change  in  question,  will  be 
rendered  liable  to  be  vacated  at  the  will  of  the  majority 
of  the  Legislature.  The  provision  in  question  should  be 
made  either  in  the  form  of  pension,  or  of  a  round  sum  by 
way  of  indemnity;  but  as  to  the  number  of  officers  who 
must  be  regarded  as  thus  liable  to  removal,  and  entitled 
to  protection,  and  the  amount  and  character  of  the  com- 
pensation so  to  be  given,  I  must  rely  on  your  judgment, 
with  the  advice  of  your  Council,  and  of  those  whom  you 
may  think  fit  to  consult  with  on  this  occasion;  and  you  are 
authorized  to  submit  any  question  which  cannot  be  thus 
arranged,  to  myself  for  final  decision. 

6.  The  following  are  the  remaining  conditions  which  I 
consider  indispensable,  and  which  have  been  suggested  to 
me  by  the  consideration  of  circumstances  peculiar  to  New- 
foundland. 

7.  (1) — A  considerable  increase  of  the  members  of  the 
House  of  Assembly.  I  would  suggest  that  the  increase 
should  be  from  the  present  number  to  thirty,  and  that  it 
should  be  effected,  not  by  giving  additional  members  to 
existing  constituencies,  but  by  subdividing,  as  equally  as 
geographical  positions  would  admit,  the  districts  now  re- 
turning members;  which  appear  to  be,  in  most  instances, 
too  large  for  the  convenient  exercise  of  the  franchise. 

8.  (2) — In  reference  to  my  despatch  on  the  financial 
condition  of  the  Colony,  lately  directed  to  be  laid  before 
the  Assembly,  it  appears  to  me  necessary  that  the  law 


54       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

should  be  assimilated  to  that  of  Nova  Scotia  (Revised 
Statutes,  c.  7,  s.  44)  with  regard  to  the  expenses  of  elec- 
tions, which  should  no  longer  be  paid  from  the  Colonial 
Treasury,  but  be  defrayed  (under  proper  conditions  as  to 
amount)  by  the  members. 

9.  (3) — Payment  of  the  members  for  their  expenses 
and  attendance  to  be  no  longer  made  by  the  Colonial 
Treasury,  but  by  local  assessment,  levied  in  each  electoral 
district. 

10.  These  measures  having  been  taken  by  the  Legis- 
lature, Her  Majesty's  Government  will  proceed  to  sep- 
arate the  Executive  from  the  Legislative  Council,  and  to 
provide,  by  instructions  from  Her  Majesty,  that  the  latter 
shall  consist  of  not  less  than  ten  nor  more  than  fifteen 
members,  nominated  by  the  Crown. 

11.  With  regard  to  the  stipulations  respecting  the  grant 
of  a  civil  list  to  Her  Majesty,  which  have  usually  ac- 
companied the  grant  of  responsible  governments,  it  appears 
to  me  sufficient  to  refer  you  to  the  arrangements  already 
made  under  the  Act  of  Parliament  2  &  3  Will.  4,  c.  78, 
and  the  Acts  of  the  Newfoundland  Legislature,  7  Vict., 
c.  1,  &  8  Vict.,  c.  6,  leaving  it  to  yourself  to  consider 
whether  any  modification  of  these  provisions  is  now  re- 
quired. 

12.  These  are  conditions  some  of  which,  I  am  per- 
suaded, are  essential  to  justice,  and  others  highly  im- 
portant to  the  satisfactory  working  of  the  new  system; 
and  I  trust  that,  with  these  additions,  the  adoption  of  the 
system  in  question  will  not  merely  satisfy  the  long  expressed 
desire  of  the  majority  of  the  people  of  Newfoundland 
for  freer  institutions,  but  will  also  prove  favorable  to 
practical  improvements  in  the  government  of  the  Colony. 

13.  As   regards   the    portion   of   the   address   which   re- 


NEWFOUNDLAND  55 

lates  to  free  trade  with  the  United  States,  you  will  inform 
the  Assembly  that  Her  Majesty's  Government  are  still  in 
negociation  with  that  of  the  United  States,  and  that  in  the 
conduct  of  that  negociation  every  attention  will  be  paid  to 
their  expressed  wishes,  and  those  of  their  constituents. 


REPORT  OF  THE  GOVERNOR  OF  NEWFOUND- 
LAND ON  THE  CONDITIONS  OF  OPINION 
IN  THE  COLONY  RELATIVE  TO  RE- 
SPONSIBLE GOVERNMENT  x 

February  23,  1854 

I  have  the  honor  to  acquaint  your  Grace  that  on  the 
31st  ultimo,  I  opened  the  session  of  the  Legislature  with 
the  accompanying  speech,  which  was  generally  very  well 
received,  and  was  only  excepted  to  by  the  Roman  Catholic 
party  in  the  House  of  Assembly,  on  account  of  its  omis- 
sion of  all  reference  to  the  subject  of  responsible  govern- 
ment. 

A  committee  of  five,  three  Protestants  and  two  Roman 
Catholics,  was  appointed  to  draft  an  address  in  reply;  the 
three  first  named  of  whom  reported  an  address  drawn  in 
the  manner  heretofore  usual,  noticing  the  several  matters 
referred  to  by  me,  and  containing  the  usual  assurance  of  a 
desire  to  co-operate  in  maturing  the  measures  to  which  I 
had  directed  their  attention. 

The  address  was  read  a  first  and  second  time,  and  on 
the  9th  instant,  was  committed;  but,  on  the  first  paragraph 
being  proposed  for  adoption,  Mr.  Little  addressed  the 
House,  and  declared  it  to  be  the  intention  of  himself  and 

i  Commons  Papers,  1854-55,  vol.  36,  No.  273,  p.  2.     Made  prior  to  receipt  of 
despatch  just  quoted. 


56      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

his  party  to  permit  the  transaction  of  no  further  business 
under  the  present  form  of  government;  but  after  passing 
an  address  signifying  this  their  determination,  to  await 
the  decision  of  Her  Majesty's  Government  upon  their  ap- 
plication for  responsible  government. 

An  amendment  to  the  question  was  then  proposed  by 
Mr.  Emerson,  consisting  of  an  address  complete  in  itself, 
and  which  is  herewith  transmitted;  and  which  after  a 
lengthened  opposition,  was  on  the  13th  instant,  finally 
passed  on  the  usual  division;  five  Protestant  members 
voting  against  it,  seven  Roman  Catholic  members  and  one 
Protestant   (the  proposer)   voting  for  it. 

On  the  15th  instant,  I  received  this  address,  and  made 
the  reply  herewith  transmitted;  the  address  being  pre- 
sented to  me  by  the  majority  only,  the  minority  absenting 
themselves  on  such  occasion,  to  avoid,  as  I  hear,  the  ap- 
pearance of  their  having  in  any  way  concurred  in  its 
principle. 

Having  received  my  reply,  the  House  adjourned  to  the 
20th  instant,  the  day  on  which  the  English  mail  was  ex- 
pected; Mr.  Little  having  first  given  notice  of  a  future 
address  to  the  Colonial  Office,  should  no  satisfactory  in- 
formation be  then  received,  and  his  party  having  expressed 
their  determination  then  to  adjourn  for  a  further  period 
of  two  months,  to  await  the  arrival  of  despatches  from 
England. 

The  declaration  of  their  intention  to  transact  no  further 
business,  has,  in  the  meantime,  been  carried  into  effect 
by  their  refusing  to  permit  the  introduction  of  a  bill,  of 
which  notice  had  been  given  by  Mr.  March,  for  the  better 
regulation  of  the  seal  fishery  now  about  to  commence;  and 
by  the  rejection  on  the  14th  instant,  of  a  bill  brought  in 
by  my  directions,  by  the  Solicitor  General,  designed  to 
check  the  ruinous  traffic  in  bait,  which  has  been  heretofore 


NEWFOUNDLAND  57 

carried  on  on  the  southern  shores.  The  latter  measure  is 
one  earnestly  required  by  the  people  generally,  and  con- 
sidered so  imperatively  necessary  by  the  Assembly  them- 
selves, that  during  the  last  session,  they  unanimously 
passed  an  address,  praying  that  I  would  hire  a  steamer 
for  effectually  carrying  out  this  service.  Permitting  this 
traffic  is,  in  effect,  a  sanction  of  that  theft  of  our  seed 
which  leaves  our  own  district  barren. 

I  need  hardly  observe,  that  this  entire  suspension  of 
business,  if  continued,  will  produce  a  vast  amount  of  mis- 
chief. The  loss  of  the  Bait  Bill  alone  will  most  probably 
be  felt  in  a  failure  of  the  fishery  in  many  parts;  without 
a  revenue  bill,  the  public  creditor  cannot  receive  his  divi- 
dends, and  the  debt  of  the  Colony  will  be  much  increased, 
while  the  want  of  supply  and  education  bills  will  occasion 
great  distress  amongst  many  classes.   .    .    . 

Three  courses  present  themselves  for  consideration: 
First,  the  immediate  unqualified  concession  of  responsible 
government  with  its  attendant  evils  and  its  injustice  to  the 
Protestant  majority  of  the  population.  Second,  its  con- 
cession after  a  partial  subdivision  of  the  electoral  districts, 
and  an  increase  in  the  representation  on  a  basis  to  be 
settled  by  Her  Majesty's  Government;  and  third,  a  return 
to  the  amalgamated  form  of  government. 

Having  regard  to  the  condition  of  the  country  and  to 
the  necessity  for  preventing  future  difficulties  such  as  the 
present,  the  last  system  could  be  worked  with  greater 
certainty  and  with  less  expense  than  any  other.  Either 
course  would,  I  presume,  involve  the  principle  of  separate 
councils,  and  can  only  be  carried  into  effect  by  an  Act 
of  Parliament. 

Should  your  Grace  determine  upon  either  of  the  above 
mentioned,  or  upon  any  other  course  of  proceeding  which 


58       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

will  preclude  the  practicability  of  legislative  action  here 
before  the  expiration  of  the  Local  Revenue  Act  (16  Vict., 
c.  1),  which  will  expire  on  the  28th  of  May,  I  would 
earnestly  suggest  the  necessity  for  a  short  Act  being 
passed  in  Parliament,  continuing  it  for  one  or  two  years. 
The  Assembly  could  then  be  dissolved  and  matters  per- 
mitted to  remain  as  at  present,  until  the  change  determined 
on  had  been  carried  into  effect.  Indeed  the  absence  of 
any  intimation  of  your  Grace's  determination  on  the  ques- 
tion is,  at  present,  a  fortunate  circumstance,  as  it  will 
afford  the  opportunity,  of  which  I  am  informed  the 
Protestant  part  of  the  population  will  avail  themselves,  to 
lay  before  Her  Majesty's  Government  the  expression  of 
their  opinions. 

A  report  is  in  circulation  here,  founded  on  some  private 
correspondence  that  it  is  the  intention  of  Her  Majesty's 
Government  to  concede  responsible  government  upon  cer- 
tain conditions,  which  have  not  been  mentioned.  If  these 
conditions  be  a  fuller  and  a  fairer  representation  in  the 
Assembly,  I  very  much  fear — looking  at  the  determination 
evinced  by  the  Roman  Catholic  Members  to  accede  to  no 
representation  which  did  not  secure  their  present  ma- 
jority— that  any  proposal  of  that  kind  will  prove  nuga- 
tory; and,  in  view  of  such  an  event,  the  Imperial  Act,  for 
the  continuance  of  the  Local  Revenue  Act,  will  still  be 
necessary. 

I  annex  a  copy  of  the  report  of  the  delegates,  and  ex- 
tracts from  two  local  newspapers.  The  "  Public  Ledger  " 
is  the  organ  of  the  Protestant  party;  the  "Newfound- 
lander "  of  the  Roman  Catholic  party,  in  effect,  of  the 
Roman  Catholic  Bishop. 

On  Monday  the  21st  instant,  to  which  day  the  House 
adjourned,  to  wait  the  arrival  of  the  packet,   Mr.   Little 


NEWFOUNDLAND  59 

being  engaged  in  Court,  and  the  Protestant  minority  not 
attending,  in  consequence  of  the  resolution  of  the  House 
to  do  no  business,  there  was  an  adjournment  for  wanf 
of  a  quorum.  On  the  next  day,  the  minority  still  being 
absent,  a  vote  of  thanks  was  passed  to  the  delegates,  and 
the  accompanying  address  to  your  Grace  was  adopted. 

With  reference  to  that  part  of  the  report  of  the  dele- 
gates which  relates  to  the  acts  of  the  Council  in  its  legis- 
lative capacity,  and  on  which  is  mainly  grounded  the 
necessity,  in  the  judgment  of  the  Assembly,  for  respon- 
sible government,  I  cannot  do  better  than  refer  your  Grace 
to  Mr.  Row,  a  member  of  the  Council,  now  in  England, 
upon  whose  long  experience,  from  his  residence  for  half 
a  century  in  this  Colony,  his  sound  judgment  and  in- 
tegrity, your  Grace  may  safely  rely  for  any  explanation 
that  you  may  require  of  the  complaints  of  the  Assembly 
in  this  respect.  Without  wishing  to  urge  any  opinion  of 
my  own,  I  may  yet  say  that,  except  in  the  matter  of  the 
Road  Bill,  and  then  only  to  prevent  what  the  Council 
deemed  a  gross  injustice,  they  do  not  appear  to  me  to 
have  trespassed  on  the  legitimate  functions  of  the  Assem- 
bly. The  other  points  in  discussion  between  the  two 
Houses  were  those  in  which  the  Council  might  fairly  differ 
from  the  views  of  the  Assembly,  and  in  so  doing  be  very 
far  from  meriting  the  charge  that  they  were  not  consulting 
the  true  interests  of  the  country.  On  the  contrary,  in  all 
these  measures  the  reasons  which  guided  the  Council  will, 
I  have  no  doubt,  on  full  consideration  of  your  Grace, 
appear  to  be  such  as,  in  the  independent  exercise  of  their 
judgment,  are  fully  as  weighty  and  regardful  of  the  public 
welfare  as — if  not  more  so  than — those  which  actuated  the 
Assembly.     On  all  these   points,   however,   I   am   glad  to 


60       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

think  that  Mr.  Row  will  be  at  hand  to  afford  to  your  Grace 
every  necessary  information. 

While  writing  this  despatch,  I  have  received  a  letter  from 
the  President  of  the  Chamber  of  Commerce  of  St.  John's, 
requesting  me  to  forward  the  accompanying  memorial  to 
your  Grace,  referring  to  the  present  position  of  affairs 
here;  inviting  your  Grace's  attention  to  their  address  for- 
warded in  February  1852,  on  the  subject  of  responsible 
government;  stating  that  their  opinions  on  that  subject 
are  unchanged;  and  praying  that  the  Revenue  Act,  now 
shortly  to  expire,  may  be  continued  by  an  Act  of  the 
Imperial  Parliament,  for  such  time  as  may  be  necessary 
to  enable  Her  Majesty's  Government  fully  to  deal  with 
the  important  subject  of  responsible  government.  This 
demonstration  on  the  part  of  the  merchants,  shows  that 
there  is  no  desire  on  their  part  to  take  advantage  of  the 
opportunity  which  would  occur,  by  the  lapse  of  the  Rev- 
enue Bill,  of  forwarding  their  own  interests;  but,  on  the 
contrary,  a  highly  laudable  desire  to  prevent  that  injury 
to  the  public  credit  which  must  inevitably  result  from  the 
reckless  course  threatened  by  the  Assembly. 


REPLY    OF    THE    LEGISLATIVE    ASSEMBLY 
TO  AN  ADDRESS  OF  THE  GOVERNOR1 

February  15,  1854 

We,  Her  Majesty's  dutiful  and  loyal  subjects,  the  Com- 
mons of  Newfoundland  in  general  assembly  convened,  beg 
to  assure  your  Excellency  that  while  we  thank  your  Ex- 

i  Commons  Papers,  1854-55,  vol.  36,  No.  273,  p.  7.  Enclosure  in  the  foregoing 
report;  the  address  itself  and  the  reply  of  the  Council  contain  no  references  to 
responsible  government. 


NEWFOUNDLAND  61 

cellency  for  the  gracious  speech  with  which  you  have  been 
pleased  to  open  the  present  session  of  the  Legislature,  we 
sincerely  reciprocate  your  expressions  of  regret  at  the 
present  depressed  condition  in  this  Colony,  and  the  financial 
difficulties  of  the  Government,  which  are  attributable  no^ 
only  to  the  partial  failure  of  the  fisheries,  and  the  visita- 
tion of  the  potato  disease,  but  also  to  the  character  of  the 
trade  of  this  Colony,  and  the  absence  of  a  vigorous,  econom- 
ical, and  truly  British  system  of  government,  to  encourage 
the  development  of  its  extensive  resources,  to  uphold  the 
rights  and  interests  of  the  operative  population,  and  faith- 
fully administer  the  public  affairs. 

We  cordially  tender  our  acknowledgements  to  your  Ex- 
cellency for  calling  our  attention  to  several  subjects  con- 
nected with  the  welfare  of  the  country,  and  for  the  as- 
surance of  your  desire  to  facilitate  to  the  utmost  of  your 
power  our  labors  for  the  promotion  of  the  public  good; 
at  the  same  time,  we  frankly  avow  our  mature  conviction, 
that  however  anxious  we  may  be  to  render  our  best  exer- 
tions conducive  to  the  prosperity  of  the  people,  judging 
from  the  experience  of  the  past  and  the  avowed  policy  of 
your  Excellency's  confidential  advisers  in  their  legislative 
capacity,  we  entertain  no  hope  of  obtaining  their  necessary 
cooperation  in  measures  of  general  practical  utility,  except 
on  terms  alike  injurious  to  the  public  service,  degrading 
to  the  people's  representatives,  and  subversive  of  the  rights 
and  privileges  confided  to  our  guardianship. 

Having  declared,  as  late  as  the  last  session  of  the  Leg- 
islature, that  neither  the  anomalous  system  of  government 
in  force  in  this  Island,  nor  your  Excellency's  Council,  pos- 
sessed the  confidence  of  the  public  or  of  this  House,  we 
addressed  a  memorial  to  the  noble  Secretary  of  State  for 
the  Colonial  Department,  and  both  Houses  of  Parliament, 


62        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

praying  for  the  immediate  introduction  of  a  responsible 
system  of  government  into  this  Colony;  and  we  have  been 
gratified  to  learn  from  the  delegates  deputed  by  this  House 
to  proceed  to  London  for  the  purpose  of  promoting  the 
objects  of  the  memorial,  that  they  have  received  such  as- 
surances from  the  noble  Secretary,  as  induce  us  to  con- 
clude that  the  long  desired  boon  shall  be  conceded. 

We  respectfully  solicit  your  Excellency  to  place  before 
this  House  copies  of  any  correspondence  which  may  have 
taken  place  between  your  Excellency  and  the  Colonial 
Department,  since  the  last  session  of  the  Legislature,  on 
this  highly  important  subject,  the  satisfactory  settlement  of 
which  we  deem  essential  to  the  useful  existence  of  the 
popular  branch  of  the  Legislature,  of  paramount  im- 
portance to  the  country,  and  indispensable  to  the  better 
administration  of  the  Government. 

In  conclusion,  while  we  do  not  hesitate  to  assure  your 
Excellency  that  you  will  be  indemnified  for  any  outlay 
that  has  been  made  or  may  be  rendered  necessary  for  the 
relief  of  the  poor  and  the  telegraph  laborers,  we  deem 
it  our  duty  to  inform  your  Excellency,  with  the  utmost 
reliance  upon  your  Excellency's  good  sense  and  impartial 
judgment  for  a  favorable  construction  of  the  motives 
influencing  our  conduct,  that  we  have  deliberately  come 
to  the  conclusion  to  await  the  decision  of  the  Imperial 
Government  upon  the  right  of  the  people  of  this  old  and 
loyal  dependency  of  the  British  Crown  to  the  possession 
of  self-government,  in  the  constitutional  acceptation  of  the 
term,  rather  than  waste  our  time  and  exhaust  the  patience 
of  the  public  in  witnessing  a  renewal  of  fruitless  attempts 
at  legislation  under  the  present  constitution. 


NEWFOUNDLAND  63 


REPLY  OF  THE  GOVERNOR  TO  THE  LEGIS- 
LATIVE ASSEMBLY ' 

February  15,  1854 

I  have  not  received  a  reply  to  my  despatch  forwarding 
the  memorial  of  the  House,  praying  for  a  change  of  the 
constitution  of  the  Colony ;  and  I  cannot  adopt  the  irregular 
and  inconvenient  proceeding  of  laying  before  you  corre- 
spondence on  a  subject  referred  to  the  Crown,  and  upon 
which  a  decision  has  not  yet  reached  me.  Indeed,  upon 
this  topic  the  delegation  from  your  honorable  House 
appears  to  have  received  assurances  which  have  not  yet 
been  communicated  to  myself. 

I  thank  you  for  your  assurance  of  indemnifying  me  for 
any  outlay  that  has  been  made  or  may  be  rendered  neces- 
sary for  the  relief  of  the  poor. 

I  must,  however,  express  my  great  regret  that  you  have 
come  to  the  conclusion  to  defer  legislation  on  subjects — ■ 
particularly  those  of  vital  importance  to  the  Colony — 
which  it  has  been  my  duty  to  bring  before  you.  Whether 
the  public  interests  have  been  consulted  in  arriving  at  the 
determination  to  which  you  have  come,  is  a  question  for 
your  own  consideration;  and,  with  you  will  rest  the  re- 
sponsibility for  any  detriment  to  those  interests,  which 
may  result  from  the  course  you  have  resolved  to  pursue. 

i  Commons  Papers,  1854-55,  vol.  36,  No.  273,  p.  8.    Enclosure  in  the  Report  of 
February  23. 


64>       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


REPLY   FROM    THE    COLONIAL    OFFICE    TO 
THE  REPORT  OF  THE  GOVERNOR1 

March  17,  1854 

I  have  received  your  despatch,  No.  86,  of  the  23d  of 
February  last,  transmitting  copies  of  the  speech  with 
which  you  opened  the  session  of  the  Legislature  of  New- 
foundland, and  of  the  answers  returned  thereto,  a  mem- 
orial from  the  Chamber  of  Commerce,  and  an  address  to 
myself  from  the  House  of  Assembly. 

I  consider  that  I  shall  best  consult  the  convenience  of 
your  Government  and  the  interest  of  the  Colony,  by  re- 
fraining from  any  discussion  upon  the  contents  of  your 
despatch  and  the  documents  accompanying  it.  I  will 
therefore  merely  refer  you,  and  the  public  bodies  which 
have  addressed  me,  to  my  despatch  of  the  21st  ultimo, 
and  express  my  earnest  hope,  that  the  concession  of  "re- 
sponsible government"  to  Newfoundland  may  be  attended 
with  all  the  benefits  which  the  advocates  for  that  system 
of  Government  anticipate. 

i  Commons  Papers,  1854-55,  vol.  36,  No.  273,  p.  37. 


NEWFOUNDLAND  65 


REPORT  OF  THE  GOVERNOR  UPON  TRANS- 
MITTING TO  THE  LEGISLATIVE  ASSEM- 
BLY THE  CONSENT  OF  THE  COLONIAL 
OFFICE  TO  THE  ESTABLISHMENT  OF 
RESPONSIBLE  GOVERNMENT  * 

March  23,  1854 

I  have  the  honor  to  enclose  a  copy  of  my  message 
transmitting  to  the  House  of  Assembly  your  Grace's  des- 
patch, No.  49,  of  the  21st  ultimo,  on  the  subject  of  the 
new  system  of  government: 

ENCLOSURE 

The  Governor  having  forwarded  to  the  Secretary  of 
State  for  the  Colonies  the  address  from  your  honorable 
House  to  his  Grace  of  the  15th  June  last,  upon  the  sub- 
jects of  responsible  government,  and  reciprocal  free  trade 
with  the  United  States  of  America,  has,  this  day,  received 
from  his  Grace  a  despatch  in  reply,  of  which  the  Governor 
herewith  transmits  a  copy. 

With  reference  to  the  proposed  new  form  of  Govern- 
ment for  this  Colony,  the  Governor  will  be  happy  to  co- 
operate with  your  honorable  House  in  fulfilling  those 
prerequisites,  some  of  which  his  Grace  considers  essential 
to  justice,  and  others  highly  important  to  the  satisfactory 
working  of  the  new  system  of  government.  The  Governor 
hopes  that  the  result  of  the  deliberations  of  the  Legisla- 
ture, with  a  view  to  the  introduction  of  the  new  system, 
and  the  operation  of  the  system  itself,  will  conduce  to  the 
welfare  of  this  ancient  dependency  of  the  Crown. 

i  Commons  Papers,  1854-55,  vol.  36,  No.  273,  p.  41. 


66       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


REPORT  OF  THE  GOVERNOR  UPON  THE  RE- 
CEPTION  OF   THIS    CONSENT   BY   THE 
LEGISLATIVE  ASSEMBLY1 

March  24,  1854 

With  reference  to  my  despatch,  No.  90,  of  the  23d  in- 
stant, enclosing  a  copy  of  my  message  transmitting  to  the 
House  of  Assembly  your  Grace's  despatch  No.  49,  of  the 
21st  ultimo,  on  the  subject  of  responsible  government,  I 
have  the  honor  to  inform  your  Grace  that  I  received  from 
that  body  on  the  evening  of  yesterday,  the  23d,  the  enclosed 
address,  requesting  me  to  cause  the  mail  steamer  to  be 
delayed  for  a  period  of  24  hours,  to  enable  them  to  forward 
by  this  mail  what  they  termed  "a  reply  to  such  despatch." 
This  request  I  complied  with. 

2.  I  have  just  received  an  address  from  the  Assembly 
to  your  Grace,  which  I  enclose  herewith. 

3.  This  address  states  that  the  concession  of  responsible 
government,  on  the  conditions  attached  by  your  Grace,  in- 
stead of  being  received  with  approval  by  the  people,  would 
be  rejected  without  hesitation;  but  the  accompanying  "Pub- 
lic Ledger"  of  this  day — the  ablest  and  most  influential 
journal  of  this  Colony,  which  represents  the  sentiments  of 
the  Protestants,  that  is,  of  the  majority  of  the  people — in 
addition  to  saying  that  the  terms  of  your  Grace's  despatch 
exactly  meet  the  prayer  of  their  recent  petition  to  the 
Queen,  has  the  following  statement:  "And  ,We  have  no 
doubt  that  the  Protestant  population  generally  will  be  grati- 
fied at  the  opportunity  of  evincing  how  much  they  concur 

i  Commons  Papers,  1854-55,  vol.  36,  No.  273,  p.  42. 


NEWFOUNDLAND  67 

in  the  justice  of  the  principles  contained  in  the  despatch 
of  the  noble  Duke,  who  has  so  much  entitled  himself  to  their 
best  and  warmest  thanks." 

4.  The  enclosed  minutes  of  this  day's  proceedings  show 
the  opinion  of  the  minority  of  the  House  in  the  shape  of  an 
amendment  which  confirms  the  statement  above  referred  to. 

5.  As  to  the  stereotyped  observations  respecting  the 
Council  I  need  not  occupy  your  Grace's  time  by  remarks 
upon  them. 

6.  The  principles  of  a  subdivision  of  the  more  populous 
districts,  and  an  increase  of  the  representation  on  a  fair 
basis,  adopted  in  your  Grace's  despatch,  and  so  earnestly 
insisted  on  by  the  Protestants  of  the  country,  ought  not,  I 
think,  on  any  account,  to  be  abandoned,  as  the  result  of 
such  a  course  would  be  that  which  I  have  so  frequently 
pointed  out.1 

i  Bills  for  altering  the  basis  of  representation  in  the  Legislative  Assembly  and 
for  protecting  office  holders  against  loss  in  the  sense  indicated  by  the  despatches 
from  the  Colonial  Office  were  finally  adopted  in  November,  1854,  and  assented  to 
in  January,  1855,  not  without  much  debate,  conference  and  diplomacy,  to  mention 
only  the  mildest  forms  of  manoeuvering  observable  among  the  various  parties  and 
persons  interested.  The  new  elections  were  held  and  responsible  government  set 
up  in  the  spring  of  1855  as  the  following  items  show.  For  much  illuminating 
material  in  the  case  and  texts  of  the  Representation  and  Pension  bills  see,  ibid., 
pp,  102,  112,  118,  119,  121-123,  and,  in  general,  1-123.  For  a  valuable  index  to 
the  papers  relating  to  the  events  in  Newfoundland,  as  well  as  to  the  other 
dominions,  see:  Guide  to  the  Principal  Parliamentary  Papers  Relating  to  the 
Dominions,  1812-1911  by  M.  I.  Adams,  J.  Ewing,  and  J.  Munro,  published  by 
Oliver  and  Boyd,  33  Paternoster  Row,  E.  C,  London,  1913. 


68       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

REPORT  OF  THE  GOVERNOR  ON  THE  FINAL 
STEPS  OF  THE  PROCESS  OF  THE  ESTAB- 
LISHMENT OF  RESPONSIBLE  GOVERN- 
MENT IN  NEWFOUNDLAND  x 

December  29,  1854 

Referring  to  my  despatch  No.  127,  of  the  14th  Novem- 
ber last,  I  have  now  the  honor  to  acquaint  you  that  having, 
with  the  advice  and  consent  of  the  Council,  fixed  the  elec- 
tions to  take  place  on  the  7th  and  12th  May,  I  have  issued 
the  necessary  proclamation  for  that  purpose  in  the  form 
heretofore  followed,  with  such  modifications  only  as  were 
requisite  to  make  it  accord  with  the  terms  of  the  recent  Act 
for  increasing  the  number  of  representatives. 

3.  I  have  now  to  solicit  your  directions  with  reference  to 
the  separation  of  the  Councils,  for  which  purpose,  I  pre- 
sume, a  Royal  Instruction  will  be  forwarded  to  me. 

•  •••••• 

5.  Considering  the  relative  number  of  the  members  of 
the  Assembly,  I  am  of  opinion  that  the  number  of  the 
Council  need  not,  for  the  present,  exceed  12.  The  Executive 
Council  may,  for  the  present,  with  convenience,  consist  of 
the  remaining  members  of  the  existing  Council,  excepting 
the  officer  commanding  the  troops ;  seven  in  all.  Of  course, 
on  the  meeting  of  the  Legislature,  a  reconstruction  of  the 
Executive  Council  will  necessarily  take  place;  and  it  will 
then  embrace  such  a  number  (seven  would  be  ample)  of  the 
members  of  the  Legislative  Council  and  Assembly  as  might 
be  selected  by  the  party  having  the  majority  in  the  Assem- 
bly under  the  new  system  of  government. 

i  Commons  Papers,  1854-55,  vol.  36,  No.  273,  p.  121. 


NEWFOUNDLAND  69 

REPLY  OF  THE  COLONIAL  OFFICE  TO  THIS 

REPORT ' 

January  25,  1855 

I  have  to  acknowledge  the  receipt  of  your  despatch  No. 
142,  of  the  29th  of  December  last,  reporting  that  you  had 
fixed  the  elections  to  take  place,  under  the  provisions  of  the 
new  Representation  Act,  on  the  7th  and  12th  of  May,  and 
requesting  instructions  with  reference  to  the  separation  of 
the  Legislative  and  Executive  Councils. 

On  the  latter  point  I  have  to  acquaint  you  that  the 
necessary  instrument,  under  the  royal  sign  manual,  for 
the  reconstruction  of  the  Councils,  will  be  transmitted  to 
you  by  an  early  opportunity. 

l  Ibid.,  p.  123. 


PART  II 
NEW  ZEALAND 


HISTORICAL  RESUME 

New  Zealand  was  erected  into  a  separate  Colony  and  given  a  charter  by  letters 
patent  and  royal  instructions  to  the  Governor  issued  in  November  and  December 
1840  under  the  authority  of  a  statute  of  that  year.  The  system  of  government 
then  established  left  little  room  for  local  influence  to  become  effective  in  its 
workings.  It  was  supplanted  by  letters  patent,  a  charter  and  a  new  set  of 
instructions  issued  in  December  1846  under  the  authority  of  a  statute  of 
that  year.  This  charter  contained  a  very  elaborate  scheme  of  government  which 
it  was  found  impossible  fully  to  carry  out.  The  provisions  of  the  law  and 
the  charter  were  partially  repealed  in  1848,  and  the  plan  of  1840  was  revived. 

The  year  1852  saw  the  passage  of  a  final  effort  to  provide  New  Zealand  with 
a  constitution  and,  by  comparison,  a  successful  effort.  By  a  local  statute  of  1876 
a  portion  of  the  scheme  of  1852  was  revised,  but  the  establishment  of  responsible 
government  by  means  of  instructions  to  the  Governor  and  an  act  of  local  legis- 
lature in  1854-1855  left  the  fundamental  lines  of  the  constitution  intact. 


AN  ACT  FOR  THE  ESTABLISHMENT  AND 
GOVERNMENT  OF  NEW  ZEALAND 

[3  &  4  Victoria,  cap.  62} 

1840 

An  Act  to  continue  until  the  thirty- first  day  of  December, 
one  thousand  eight  hundred  and  forty-one,  and  to  the 
end  of  the  then  next  session  of  Parliament,  and  to  extend 
the  provisions  of  an  Act  to  provide  for  the  administration 
of  justice  in  New  South  Wales  and  Van  Diemens  Land, 
and  for  the  more  effectual  government  thereof,  and.  for 
other  purposes  relating  thereto. 

I.  Whereas  an  Act  was  passed  in  the  ninth  year  of  the 
reign  of  King  George  the  Fourth,  entitled  "  An  Act  to 
provide  for  the  administration  of  justice  in  New  South 
Wales  and  Van  Diemen's  Land,  and  for  the  more  effectual 
government  thereof,  and  for  other  purposes  relating  there- 
to": And  whereas  the  said  Act  hath  been  since  continued, 
and  by  an  Act  passed  in  the  last  session  of  Parliament 
the  said  Act  hath  been  further  continued,  with  certain 
amendments:  And  whereas  the  said  Act  will  shortly  ex- 
pire; and  it  is  expedient  further  to  continue  the  said  Act, 
with  such  amendments  as  are  herein  after  mentioned:  Be 
it  therefore  enacted  by  the  Queen's  most  excellent  Maj- 
esty, by  and  with  the  advice  and  consent  of  the  Lords  spir- 
itual and  temporal,  and  Commons,  in  this  present  Parlia- 
ment assembled,  and  by  the  authority  of  the  same,  that  the 
said  recited  Act,  as  amended  by  the  said  Act  of  the  last 
session  of  Parliament,  shall  continue  and  be  in  force  until 
the  thirty-first  day  of  December  in  the  year  one  thousand 


74       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

eight   hundred   and   forty-one,   and   thenceforward   to    the 
end  of  the  then  next  session  of  Parliament. 

II.  And  whereas  the  said  Colony  of  New  South  Wales 
is  of  great  extent,  and  it  may  be  fit  that  certain  dependen- 
cies of  the  said  Colony  should  be  formed  into  separate 
Colonies,  and  provision  should  be  made  for  the  temporary 
administration  of  the  government  of  any  such  newly 
elected  Colony:  Be  it  therefore  enacted,  that  it  shall  be 
lawful  for  Her  Majesty,  by  letters  patent  to  be  from  time 
to  time  issued  under  the  great  seal  of  the  United  Kingdom, 
to  erect  into  a  separate  Colony  or  Colonies  any  islands 
which  now  are  or  which  hereafter  may  be  comprised  within 
and  be  dependencies  of  the  said  Colony  of  New  South 
Wales. 

III.  And  be  it  enacted,  that  in  case  Her  Majesty  shall, 
by  any  such  letters  patent  as  aforesaid,  establish  any  such 
new  Colony  or  Colonies  as  aforesaid,  it  shall  be  lawful  for 
Her  Majesty,  by  any  such  letters  patent,  to  authorize  any 
number  of  persons,  not  less  than  seven,  including  the 
Governor  or  Lieutenant  Governor  of  any  such  new  Colony 
or  Colonies,  to  constitute  a  legislative  council  or  legislative 
councils  for  the  same;  and  that  every  such  legislative  coun- 
cil shall  be  composed  of  such  persons  as  shall  from  time 
to  time  be  named  or  designated  by  Her  Majesty  for  that 
purpose,  and  shall  hold  their  places  therein  at  Her 
Majesty's  pleasure;  and  that  it  shall  be  lawful  for  such 
legislative  council  to  make  and  ordain  all  such  laws  and 
ordinances  as  may  be  required  for  the  peace,  order,  and 
good  government  of  any  such  Colony  as  aforesaid,  for 
which  such  legislative  council  may  be  so  appointed;  and 
that  in  the  making  all  such  laws  and  ordinances  the  said 
legislative  council  shall  conform  to  and  observe  all  such 
instructions  as  Her  Majesty,  with  the  advice  of  her  Privy 


NEW  ZEALAND  75 

Council,  shall  from  time  to  time  make  for  their  guidance 
therein:  Provided  always,  that  no  such  instructions,  and 
that  no  such  laws  or  ordinances  as  aforesaid,  shall  be  re- 
pugnant to  the  law  of  England,  but  consistent  therewith, 
so  far  as  the  circumstances  of  any  such  Colony  may  admit: 
Provided  also,  that  all  such  laws  and  ordinances  shall  be 
subject  to  Her  Majesty's  confirmation  or  disallowance  in 
such  manner  and  according  to  such  regulations  as  Her 
Majesty,  by  any  such  instructions  as  aforesaid,  shall  from 
time  to  time  see  fit  to  prescribe:  Provided  also,  that  all 
instructions  which  shall  in  pursuance  hereof  be  made  by 
Her  Majesty,  with  the  advice  of  her  Privy  Council,  and  that 
all  laws  and  ordinances  which  shall  be  made  in  pursuance 
hereof  by  any  such  legislative  council  of  any  such  newly 
erected  Colony  as  last  aforesaid,  shall  be  laid  before  both 
Houses  of  Parliament  within  one  month  from  the  date  of 
any  such  instructions,  or  from  the  arrival  in  this  Kingdom 
of  the  transcripts  of  any  such  laws  or  ordinances,  if  Par- 
liament shall  then  be  in  session  sitting,  or,  if  not,  then 
within  one  month  from  the  commencement  of  the  next 
ensuing  session  of  Parliament. 


AN    ACT    TO    GRANT    A    REPRESENTATIVE 
CONSTITUTION  TO  NEW  ZEALAND 

[15  &  16  Victoria,  cap.  72] 

1852 

An  Act  to  grant   a  Representative   Constitution   to   the 
Colony  of  New  Zealand. 

Whereas  by  an  Act *  of  the  session  holden  in  the  third 
and  fourth  years  of  Her  Majesty,  chapter  sixty-two,   it 

i  The  Act  just  quoted. 


76       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

was  enacted,  that  it  should  be  lawful  for  Her  Majesty, 
by  letters  patent,  to  be  from  time  to  time  issued  under  the 
great  seal  of  the  United  Kingdom,  to  erect  into  a  separate 
Colony  or  Colonies  any  islands  which  then  were  or  which 
thereafter  might  be  comprised  within  and  be  dependencies 
of  the  Colony  of  New  South  Wales:  And  whereas,  in 
pursuance  of  the  powers  in  Her  vested  by  the  said  Act, 
Her  Majesty  did,  by  certain  letters  patent  under  the  great 
seal  of  the  United  Kingdom,  bearing  date  the  sixteenth 
day  of  November  in  the  fourth  year  of  her  reign,1  erect 
into  a  separate  Colony  the  Islands  of  New  Zealand,  there- 
tofore comprised  within  or  dependencies  of  the  Colony  of 
New  South  Wales,  bounded  as  therein  described,  and  the 
said  Islands  of  New  Zealand  were  thereby  erected  into  a 
separate  colony  accordingly;  and  Her  Majesty  did  by  the 
said  letters  patent  authorize  the  Governor  for  the  time 
being  of  the  said  Colony  of  New  Zealand  and  certain  other 
persons  to  be  a  Legislative  Council  for  such  Colony,  and 
to  make  laws  for  the  peace,  order,  and  good  government 
thereof:  And  whereas  by  an  Act  of  the  session  holden  in 
the  ninth  and  tenth  years  of  Her  Majesty,  chapter  one 
hundred  and  three,2  the  Act  firstly  herein  recited,  and  all 
charters,  letters  patent,  instructions,  and  orders  in  Council 
made  and  issued  in  pursuance  thereof,  were  repealed,  abro- 
gated, and  annulled,  so  far  as  the  same  were  repugnant  to 
the  Act  now  in  recital,  or  any  letters  patent,  charters, 
orders  in  council,  or  royal  instructions  to  be  issued  under 
the  authority  thereof;  and  by  the  Act  now  in  recital  certain 
powers  for  the  Government  of  the  said  Islands  were  vested 
in  Her  Majesty,  to  be  executed  by  letters  patent  under 
the  great  seal  of  the  United  Kingdom,  or  by  instructions 

i  Commons  Papers,  1841,  vol.  17,  No.  311,  pp.  31-34. 
2  Not  here  quoted. 


NEW  ZEALAND  77 

under  Her  Majesty's  signet  and  sign  manual,  approved 
in  her  Privy  Council,  and  accompanying  or  referred  to  in 
such  letters  patent:  And  whereas,  in  pursuance  of  the  said 
last-mentioned  Act,  Her  Majesty  did,  by  letters  patent 
bearing  date  at  Westminster  the  twenty-third  day  of  De- 
cember in  the  tenth  year  of  her  reign,  and  by  certain 
instructions  made  and  approved  as  required  by  such  Act, 
and  bearing  even  date  with  and  accompanying  the  said 
letters  patent,1  execute  certain  of  the  powers  by  such  Act, 
vested  in  Her  Majesty  for  the  better  Government  of  the 
said  Islands:  And  whereas  by  an  Act  of  the  session  holden 
in  the  eleventh  and  twelfth  years  of  Her  Majesty,  chapter 
five,2  so  much  of  the  said  Act  secondly  herein  recited,  and 
the  said  letters  patent  and  instructions  issued  in  pursuance 
thereof,  as  relates  to  the  constitution  and  establishment  of 
two  or  more  separate  assemblies  within  the  said  Islands, 
and  of  a  General  Assembly  in  and  for  the  said  Islands,  was 
suspended  for  five  years,  unless  Her  Majesty,  with  the 
advice  of  Her  Privy  Council,  should  direct  the  same  to  be 
carried  into  effect  before  the  expiration  of  that  period; 
and  by  the  Act  now  in  recital  the  said  firstly  recited  Act, 
letters  patent,  and  instructions  were  revived  for  the  time 
during  which  the  said  secondly  recited  Act,  letters  patent, 
and  instructions  were  suspended  as  aforesaid;  and  by  the 
Act  now  in  recital  certain  powers  were  vested  respectively 
in  the  Governor-in- Chief  of  the  said  Islands  and  in  such 
Governor  and  the  Legislative  Council  thereof:  And 
whereas  it  is  expedient  that  further  and  better  provision 
should  be  made  for  the  Government  of  New  Zealand:  Be 
it  therefore  enacted  by  the  Queen's  most  excellent  Maj- 
esty, by  and  with  the  advice  and  consent  of  the  Lords 

1  Commons  Papers,  1847,  vol.  38,  No.  763,  pp.   72,  76. 

2  Not  here  quoted. 


78        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

spiritual  and  temporal,  and  Commons,  in  this  present  Par- 
liament assembled,  and  by  the  authority  of  the  same,  as 
follows : 

I.  The  said  Acts,  and  all  charters,  letters  patent, 
instructions,  and  orders  in  Council  issued  in  pursuance 
thereof,  shall  be  and  the  same  are  hereby  repealed,  so  far 
as  the  same  are  repugnant  to  or  would  prevent  or  inter- 
fere with  the  operation  of  this  Act,  or  any  letters  patent 
or  instructions  to  be  issued  under  the  authority  or  in 
pursuance  of  this  Act:  Provided  nevertheless,  that  all 
laws  and  ordinances  made  and  acts  done  under  and  in 
pursuance  of  the  said  recited  Acts,  and  any  charters, 
letters  patent,  instructions,  or  orders  in  Council  issued 
in  pursuance  thereof,  shall  continue  as  lawful,  valid,  and 
effectual  as  if  this  Act  had  not  been  passed,  save  so  far  as 
any  such  laws,  ordinances,  or  acts  may  be  repugnant  to 
or  would  prevent  or  interfere  with  the  operation  of  this 
Act:  Provided  also,  that,  until  the  expiration  of  the  time 
or  latest  of  the  times  appointed  for  the  return  of  writs 
for  the  first  election  of  members  of  the  Provincial  Coun- 
cils of  the  Provinces  established  by  this  Act,  the  existing 
Provincial  Legislative  Councils  shall  continue  to  have  and 
exercise  all  rights,  jurisdiction,  powers,  and  authorities 
which  they  would  have  had  if  this  Act  had  not  been 
passed;  and  until  the  expiration  of  the  time  appointed 
for  the  return  of  the  writs  for  the  first  election  of  the 
members  of  the  House  of  Representatives  to  be  consti- 
tuted under  this  Act,  the  Legislative  Council  of  New 
Zealand  shall  continue  to  have  and  exercise  all  rights, 
jurisdiction,  powers,  and  authorities  which  such  Legis- 
lative Council  would  have  had  if  this  Act  had  not  been 
passed. 

II.  The   following   Provinces   are  hereby   established   in 


NEW  ZEALAND  79 

New  Zealand;  namely,  Auckland,  New  Plymouth,  Wel- 
lington, Nelson,  Canterbury,  and  Otago;  and  the  limits  of 
such  several  Provinces  shall  be  fixed  by  proclamation  by 
the  Governor  as  soon  as  conveniently  may  be  after  the 
proclamation  of  this  Act  in  New  Zealand. 

III.  For  each  of  the  said  Provinces  hereby  established, 
and  for  every  Province  hereafter  to  be  established  as  here- 
inafter provided,  there  shall  be  a  Superintendent  and  a 
Provincial  Council,  and  the  Provincial  Council  of  each 
of  the  said  Provinces  hereby  established  shall  consist  of 
such  number  of  members,  not  less  than  nine,  as  the 
Governor  shall  by  proclamation  direct  and  appoint. 

IV.  Upon  or  before  the  issue  of  writs  for  the  first 
election  of  members  of  the  Provincial  Council  for  any 
Province  established  by  or  under  this  Act,  the  persons 
duly  qualified  in  each  of  the  said  Provinces  to  elect  mem- 
bers for  the  Provincial  Councils  as  hereinafter  mentioned 
shall  elect  a  Superintendent  of  such  Province;  and  on  the 
termination  of  such  Council  by  expiration  of  the  period 
hereinafter  fixed  for  its  continuance,  or  by  the  previous 
dissolution  thereof,  the  persons  qualified  as  aforesaid  shall 
elect  the  same  or  some  other  person  to  be  Superintendent, 
and  so  on  from  time  to  time;  and  every  such  Superin- 
tendent shall  hold  his  office  until  the  election  of  his  suc- 
cessor: Provided  always,  that  it  shall  be  lawful  for  the 
Governor  of  New  Zealand,  on  behalf  of  Her  Majesty,  to 
disallow  any  such  election;  and  if  such  disallowance  be 
signified  by  the  Governor,  under  the  seal  of  New  Zealand, 
to  the  speaker  of  such  Council,  at  any  time  within  three 
months  after  such  election,  the  office  of  Superintendent 
shall  become  vacant;  and  on  any  vacancy  occasioned  by 
such  disallowance,  or  by  the  death  or  resignation  of  the 
Superintendent    (such  resignation   being   accepted   by   the 


80       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Governor  on  behalf  of  Her  Majesty),  a  new  election  shall 
in  like  manner  take  place:  Provided  farther,  that  at  any- 
time during  the  continuance  of  the  office  of  any  such 
superintendent  it  shall  be  lawful  for  Her  Majesty  to 
remove  him  from  such  office,  on  receiving  an  address  signed 
by  the  majority  of  the  members  of  such  Provincial  Council 
praying  for  such  removal;  and  thereupon  the  like  proceed- 
ings shall  be  had  as  in  the  case  of  any  such  vacancy  as 
above  mentioned. 

V.  It  shall  be  lawful  for  the  Governor,  by  proclama- 
tion, to  constitute  within  each  of  the  said  Provinces  hereby 
established  convenient  electoral  districts  for  the  election 
of  members  of  the  Provincial  Council,  and  of  the  Superin- 
tendent, and  to  appoint  and  declare  the  number  of  mem- 
bers to  be  elected  for  each  such  district  for  the  Provincial 
Council,  and  to  make  provision  for  the  registration  and 
revision  of  lists  of  all  persons  qualified  to  vote  at  the 
elections  to  be  holden  within  such  districts,  and  for  the 
appointing  of  returning  officers,  and  for  issuing,  exe- 
cuting, and  returning  the  necessary  writs  for  such  elec- 
tions, and  for  taking  the  poll  thereat,  and  for  determining 
the  validity  of  all  disputed  returns,  and  otherwise  for 
ensuring  the  orderly,  effective,  and  impartial  conduct  of 
such  elections;  and  in  determining  the  number  and  extent 
of  such  electoral  districts,  and  the  number  of  members 
to  be  elected  for  each  district,  regard  shall  be  had  to  the 
number  of  electors  within  the  same,  so  that  the  number  of 
members  to  be  assigned  to  any  one  district  may  bear  to 
the  whole  number  of  the  members  of  the  said  Council, 
as  nearly  as  may  be,  the  same  proportion  as  the  number  of 
electors  within  such  district  shall  bear  to  the  whole  number 
of  electors  within  the  limits  of  the  Province. 

VI.  Every  person  within  any  Province  hereby   estab- 


NEW  ZEALAND  81 

iished  or  hereafter  to  be  established  who  shall  be  legally- 
qualified  as  an  elector,  and  duly  registered  as  such,  shall 
be  qualified  to  be  elected  a  member  of  the  Provincial 
Council  thereof,  or  to  be  elected  Superintendent  thereof: 
Provided  always,  that  it  shall  not  be  necessary  that  he 
reside  or  possess  the  qualifications  in  the  particular  dis- 
trict for  which  he  may  be  elected  to  serve  as  a  member. 

VII.  The  members  of  every  such  Council  shall  be 
chosen  by  the  votes  of  the  inhabitants  of  the  Province 
who  may  be  qualified  as  hereinafter  mentioned;  that  is  to 
say,  every  man  of  the  age  of  twenty-one  years  or  up- 
wards having  a  freehold  estate  in  possession  situate  within 
the  district  for  which  the  vote  is  to  be  given  of  the  clear 
value  of  fifty  pounds  above  all  charges  and  incumbrances, 
and  of  or  to  which  he  has  been  seised  or  entitled,  either  at 
law  or  in  equity,  for  at  least  six  calendar  months  next 
before  the  last  registration  of  electors,  or  having  a  leasehold 
estate  in  possession  situate  within  such  district,  of  the  clear 
annual  value  of  ten  pounds,  held  upon  a  lease  which  at  the 
time  of  such  registration  shall  have  not  less  than  three 
years  to  run,  or  having  a  leasehold  estate  so  situate,  and 
of  such  value  as  aforesaid,  of  which  he  has  been  in  pos- 
session for  three  years  or  upwards  next  before  such  regis- 
tration, or  being  a  householder  within  such  district  occupy- 
ing a  tenement  within  the  limits  of  a  town  (to  be  proclaimed 
as  such  by  the  Governor  for  the  purposes  of  this  Act) 
of  the  clear  annual  value  of  ten  pounds,  or  without  the 
limits  of  a  town  of  the  clear  annual  value  of  five  pounds, 
and  having  resided  therein  six  calendar  months  next  before 
such  registration  as  aforesaid,  shall,  if  duly  registered,  be 
entitled  to  vote  at  the  election  of  a  member  or  members 
for  the  district. 

VIII.  Provided  always,  that  no  person  shall  be  entitled 

> 


82        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

to  vote  at  any  such  election  who  is  an  alien,  or  who  at  any 
time  theretofore  shall  have  been  attainted  or  convicted  of 
any  treason,  felony,  or  infamous  offence  within  any  part 
of  Her  Majesty's  dominions,  unless  he  shall  have  received 
a  free  pardon,  or  shall  have  undergone  the  sentence  of 
punishment  to  which  he  shall  have  been  adjudged  for  such 
offence. 

IX.  It  shall  be  lawful  for  any  member  of  any  Pro- 
vincial Council,  by  writing  under  his  hand,  addressed  to 
the  Superintendent  of  the  Province,  to  resign  his  seat 
in  the  said  Council;  and  upon  the  receipt  by  the  Superin- 
tendent of  such  resignation  the  seat  of  such  member  shall 
become  vacant. 

X.  If  any  mmber  of  any  Provincial  Council  shall  for 
two  successive  sessions  of  such  Council  fail  to  give  his 
attendance  therein,  or  shall  become  bankrupt,  or  shall 
become  an  insolvent  debtor  within  the  meaning  of  the 
laws  relating  to  insolvent  debtors,  or  shall  become  a 
public  defaulter,  or  be  attainted  of  treason,  or  be  con- 
victed of  felony  or  any  infamous  offence,  his  seat  in  such 
Council  shall  thereupon  become  vacant. 

XI.  Any  question  which  shall  arise  respecting  any 
vacancy  in  a  Provincial  Council  on  occasion  of  any  of  the 
matters  aforesaid  shall  be  heard  and  determined  by  such 
council,  on  such  question  being  referred  to  them  for  that 
purpose  by  the  Superintendent  of  the  Province,  and  not 
otherwise. 

XII.  Whenever  it  shall  be  established  to  the  satisfac- 
tion of  the  Superintendent  that  the  seat  of  any  member 
of  the  Provincial  Council  has  become  vacant,  the  Superin- 
tendent shall  forthwith  issue  a  writ  for  the  election  of  a 
new  member  to  serve  in  the  place  so  vacated,  during  the 
remainder  of  the  term  of  the  continuance  of  such  Council, 
and  no  longer. 


NEW  ZEALAND  83 

XIII.  Every  Provincial  Council  shall  continue  for  the 
period  of  four  years  from  the  day  of  the  return  of  the 
writs  for  choosing  the  same,  and  no  longer:  Provided 
always,  that  it  shall  be  lawful  for  the  Governor,  by  proc- 
lamation or  otherwise,  sooner  to  dissolve  the  same,  whenever 
he  shall  deem  it  expedient  so  to  do. 

XIV.  The  Governor  shall  cause  the  first  writs  for  the 
election  of  members  of  the  Provincial  Council  of  every 
Province  hereby  established  to  be  issued  at  some  time  not 
later  than  six  calendar  months  next  after  the  Proclamation 
of  this  Act  in  New  Zealand;  and  upon  the  expiration 
of  the  said  period  of  the  continuance  of  any  provincial 
Council,  or  upon  the  previous  dissolution  thereof,  the 
Governor  shall  cause  writs  to  be  issued  for  the  election  of 
members  of  the  ensuing  Council. 

XV.  It  shall  be  lawful  for  the  Superintendent,  by  proc- 
lamation in  the  Government  Gazette,  to  fix  such  place  or 
places  within  the  limits  of  the  Province,  and  such  times 
for  holding  the  first  and  every  other  session  of  the 
Provincial  Council,  as  he  may  think  fit,  and  from  time  to 
time,  in  manner  aforesaid,  to  alter  and  vary  such  times 
and  places  as  he  may  judge  advisable,  and  most  consistent 
with  general  convenience. 

XVI.  It  shall  be  lawful  for  the  Superintendent  to  pro- 
rogue such  Council  from  time  to  time,  whenever  he  shall 
deem  it  expedient  so  to  do. 

XVII.  Provided  always,  that  there  shall  be  a  session 
of  every  Provincial  Council  once  at  least  in  every  year, 
so  that  a  greater  period  than  twelve  calendar  months  shall 
not  intervene  between  the  last  sitting  of  the  Council  in 
one  session  and  the  first  sitting  of  the  Council  in  the  next 
session. 

XVIII.  It  shall  be  lawful  for  the   Superintendent  of 


84       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

each  Province,  with  the  advice  and  consent  of  the  Pro- 
vincial Council  thereof,  to  make  and  ordain  all  such  laws 
and  ordinances  (except  and  subject  as  hereinafter  men- 
tioned) as  may  be  required  for  the  peace,  order,  and  good 
government  of  such  Province,  provided  that  the  same  be 
not  repugnant  to  the  Law  of  England. 

XIX.  It  shall  not  be  lawful  for  the  Superintendent  and 
Provincial  Council  to  make  or  ordain  any  law  or  ordinance 
for  any  of  the  purposes  hereinafter  mentioned;  (that  is  to 
say,) 

1.  The  imposition  or  regulation  of  duties  of  customs  to 
be  imposed  on  the  importation  or  exportation  of  any  goods 
at  any  port  or  place  in  the  Province : 

2.  The  establishment  or  abolition  of  any  Court  of 
judicature  of  civil  or  criminal  jurisdiction,  except  courts 
for  trying  and  punishing  such  offences  as  by  the  law  of 
New  Zealand  are  or  may  be  made  punishable  in  a  summary 
way,  or  altering  the  constitution,  jurisdiction,  or  practice 
of  any  such  court,  except  as  aforesaid: 

3.  Regulating  any  of  the  current  coin,  or  the  issue  of 
any  bills,  notes,  or  other  paper  currency : 

4.  Regulating  the  weights  and  measures  to  be  used  in 
the  Province  or  in  any  part  thereof: 

5.  Regulating  the  post  offices  and  the  carriage  of  letters 
within  the  Province: 

6.  Establishing,  altering,  or  repealing  laws  relating  to 
bankruptcy  or  insolvency: 

7.  The  erection  and  maintenance  of  beacons  and  light- 
houses on  the  coast: 

8.  The  imposition  of  any  dues  or  other  charges  on 
shipping  at  any  port  or  harbor  in  the  Province: 

9.  Regulating  marriages: 

10.  Affecting   lands   of  the   crown,   or,   lands  to  which 


NEW  ZEALAND  85 

the  title  of  the  aboriginal  native  owners  has  never  been 
extinguished : 

11.  Inflicting  any  disabilities  or  restrictions  on  persons 
of  the  native  race  to  which  persons  of  European  birth  or 
descent  would  not  also  be  subjected: 

12.  Altering  in  any  way  the  criminal  law  of  New 
Zealand,  except  so  far  as  relates  to  the  trial  and  punish- 
ment of  such  offences  as  are  now  or  may  by  the  criminal 
law  of  New  Zealand  be  punishable  in  a  summary  way  as 
aforesaid : 

13.  Regulating  the  course  of  inheritance  of  real  or 
personal  property,  or  affecting  the  law  relating  to  wills. 

XX.  Every  Provincial  Council  shall  immediately  on 
their  first  meeting,  and  before  proceeding  to  the  despatch 
of  any  other  business,  elect  one  of  their  members  to  be  the 
speaker  thereof  during  the  continuance  of  such  Council, 
which  election  being  confirmed  by  the  Superintendent  shall 
be  valid  and  effectual;  and  in  case  of  vacancy  in  the  said 
office  by  death,  resignation,  or  otherwise,  then  and  so  often 
as  the  same  shall  happen,  the  election  shall  be  repeated 
and  confirmed  as  aforesaid. 

XXI.  The  speaker  of  each  Provincial  Council  shall 
preside  at  the  meetings  of  such  Council;  but  in  his  absence 
some  member  elected  by  the  Council  shall  preside. 

XXII.  No  Provincial  Council  shall  be  competent  to  the 
despatch  of  any  business,  unless  one  third  of  the  whole 
number  of  members  be  present. 

XXIII.  All  questions  which  shall  arise  in  any  such 
Council  shall  be  decided  by  the  majority  of  votes  of  the 
members  present  other  than  the  speaker  or  presiding 
member;  but  in  all  cases  wherein  the  votes  shall  be  equal 
the  speaker  or  presiding  member  shall  have  a  casting  vote. 

XXIV.  Every  Provincial  Council  at  their  first  meet- 


86        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

ing,  and  from  time  to  time  afterwards,  as  occasion  may 
require,  shall  prepare  and  adopt  such  standing  rules  and 
orders  as  may  be  best  adapted  for  the  orderly  conduct  of 
the  business  of  such  Council,  which  rules  and  orders  shall 
be  laid  before  the  Superintendent,  and  being  by  him 
approved  shall  then  become  binding  and  in  force. 

XXV.  It  shall  not  be  lawful  for  any  Provincial  Council 
to  pass,  or  for  the  Superintendent  to  assent  to  any  bill 
appropriating  any  money  to  the  public  service,  unless  the 
Superintendent  shall  first  have  recommended  to  the  Council 
to  make  provision  for  the  specific  service  to  which  such 
money  is  to  be  appropriated;  and  no  such  money  shall  be 
issued  or  be  made  issuable  except  by  warrants  to  be  granted 
by  the  Superintendent. 

XXVI.  It  shall  be  lawful  for  the  Superintendent  to 
transmit  to  the  Provincial  Council,  for  their  consideration, 
the  drafts  of  any  such  laws  or  ordinances  as  it  may  appear 
to  him  desirable  to  introduce,  and  all  such  drafts  shall  be 
taken  into  consideration  in  such  convenient  manner  as  in 
and  by  such  rules  and  orders  as  aforesaid  shall  be  in  that 
behalf  provided. 

XXVII.  Every  bill  passed  by  the  Provincial  Council 
shall  be  presented  to  the  Superintendent  for  the  Gover- 
nor's assent,  and  the  superintendent  shall  declare,  ac- 
cording to  his  discretion,  (but  subject  nevertheless  to  the 
provisions  herein  contained,  and  to  such  instructions  as 
may  from  time  to  time  be  given  him  by  the  Governor,) 
that  he  assents  to  such  bill  on  behalf  of  the  Governor,  or 
that  he  withholds  the  assent  of  the  Governor,  or  that  he 
reserves  such  bill  for  the  signification  of  the  Governor's 
pleasure  thereon:  provided  always,  that  it  shall  and  may 
be    lawful    for    the    Superintendent,    before    declaring    his 


NEW  ZEALAND  87 

pleasure  in  regard  to  any  bill  so  presented  to  him,  to 
make  such  amendments  in  such  bill  as  he  thinks  needful 
or  expedient,  and  to  return  such  bill  with  such  amend- 
ments to  such  Council,  and  the  consideration  of  such 
amendments  by  such  Council  shall  take  place  in  such 
convenient  manner  as  shall  in  and  by  the  rules  and  orders 
aforesaid  be  in  that  behalf  provided:  provided  also,  that 
all  bills  altering  or  affecting  the  extent  of  the  several 
electoral  districts  which  shall  be  represented  in  the  Pro- 
vincial Council,  or  establishing  new  or  other  such  electoral 
districts,  or  altering  the  number  of  the  members  of  such 
Council  to  be  chosen  by  the  said  districts  respectively,  or 
altering  the  number  of  the  members  of  such  Council,  or 
altering  the  limits  of  any  town  or  establishing  any  new 
town,  shall  be  so  reserved  as  aforesaid. 

XXVIII.  Whenever  any  bill  shall  have  been  assented 
to  by  the  Superintendent  as  aforesaid,  the  Superintendent 
shall  forthwith  transmit  to  the  Governor  an  authentic  copy 
thereof. 

XXIX.  It  shall  be  lawful  for  the  Governor  at  any 
time  within  three  months  after  any  such  bill  shall  have 
been  received  by  him  to  declare  by  proclamation  his  dis- 
allowance of  such  bill;  and  such  disallowance  shall  make 
void  and  annul  the  same  from  and  after  the  day  of  the 
date  of  such  proclamation  or  any  subsequent  day  to  be 
named  therein. 

XXX.  No  bill  which  shall  be  reserved  for  the  significa- 
tion of  the  assent  of  the  Governor  shall  have  any  force  or 
authority  within  the  Province  until  the  Superintendent  shall 
signify  either  by  speech  or  message  to  the  Provincial  Coun- 
cil, or  by  proclamation  in  the  Government  Gazette,  that 
such  bill  has  been  laid  before  the  Governor,  and  that  the 
Governor  has  assented  to  the  same;  and  an  entry  shall  be 


88        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

made  in  the  journals  of  the  Provincial  Council  of  every  such 
speech,  message,  or  proclamation,  and  a  duplicate  thereof, 
duly  attested,  shall  be  delivered  to  the  registrar  of  the 
Supreme  Court,  or  other  proper  officer,  to  be  kept  among 
the  records  of  the  Province;  and  no  bill  which  shall  be  so 
reserved  as  aforesaid  shall  have  any  force  or  authority 
within  the  Province  unless  the  assent  of  the  Governor 
thereto  shall  have  been  so  signified  as  aforesaid  within 
three  months  next  after  the  day  on  which  such  bill  shall 
have  been  presented  to  the  Superintendent  for  the  Gov- 
ernor's assent. 

XXXI.  It  shall  be  lawful  for  the  Governor  from  time 
to  time  to  transmit  to  the  Superintendent  of  any  Province, 
for  his  guidance  in  assenting  to  or  withholding  assent  from 
bills,  or  reserving  the  same  for  the  signification  of  the 
Governor's  pleasure  thereon,  such  instructions  as  to  the 
Governor  shall  seem  fit;  and  it  shall  be  the  duty  of  the 
Superintendent  to  act  in  obedience  to  such  instructions. 

XXXII.  There  shall  be  within  the  Colony  of  New 
Zealand  a  General  Assembly,  to  consist  of  the  Governor,  a 
Legislative  Council,  and  House  of  Representatives. 

XXXIII.  For  constituting  the  Legislative  Council  of 
New  Zealand  it  shall  be  lawful  for  Her  Majesty,  before 
the  time  to  be  appointed  for  the  first  meeting  of  the 
general  assembly,  by  an  instrument  under  her  royal  sign 
manual,  to  authorize  the  Governor  in  Her  Majesty's  name 
to  summon  to  the  said  Legislative  Council  such  persons, 
being  not  less  in  number  than  ten,  as  Her  Majesty  shall 
think  fit;  and  it  shall  also  be  lawful  for  Her  Majesty  from 
time  to  time  in  like  manner  to  authorize  the  Governor  to 
summon  to  the  said  Legislative  Council  such  other  person 
or  persons  as  Her  Majesty  shall  think  fit,  either  for  supply- 
ing  any   vacancy   or   vacancies   or   otherwise;    and    every 


NEW  ZEALAND  89 

person  who  shall  be  so  summoned  shall  thereby  become 
a  member  of  the  said  Legislative  Council:  Provided 
always,  that  no  person  shall  be  summoned  to  such  Legis- 
lative Council  who  shall  not  be  of  the  full  age  of  twenty- 
one  years,  and  a  natural  born  subject  of  Her  Majesty, 
or  a  subject  of  Her  Majesty  naturalized  by  Act  of  Par- 
liament, or  by  an  Act  of  the  Legislature  of  New  Zealand. 

XXXIV.  Every  member  of  the  Legislative  Council  of 
New  Zealand  shall  hold  his  seat  therein  for  the  term  of 
his  life,  subject  nevertheless  to  the  provisions  hereinafter 
contained  for  vacating  the  same. 

XXXV.  It  shall  be  lawful  for  any  member  of  the 
said  Legislative  Council,  by  writing  under  his  hand  ad- 
dressed to  the  Governor,  to  resign  his  seat  in  the  said 
Council;  and  upon  such  resignation  and  acceptance  thereof 
by  the  Governor  the  seat  of  such  member  shall  become 
vacant. 

XXXVI.  If  any  Legislative  Councillor  of  New  Zea- 
land shall  for  two  successive  sessions  of  the  General 
Assembly,  without  the  permission  of  Her  Majesty  or  of 
the  Governor,  signified  by  the  said  Governor  to  the  Legis- 
lative Council,  fail  to  give  his  attendance  in  the  said  Legis- 
lative Council,  or  shall  take  any  oath  or  make  any  declara- 
tion or  acknowledgement  of  allegiance,  obedience,  or  ad- 
herence to  any  foreign  prince  or  power,  or  shall  do,  concur 
in,  or  adopt  any  Act  whereby  he  may  become  a  subject 
or  citizen  of  any  foreign  State  or  Power,  or  become  entitled 
to  the  rights,  privileges,  or  immunities  of  a  subject  or 
citizen  of  any  foreign  State  or  Power,  or  shall  become 
bankrupt,  or  shall  become  an  insolvent  debtor  within  the 
meaning  of  the  laws  relating  to  insolvent  debtors,  or  shall 
become  a  public  defaulter,  or  be  attainted  of  treason,  or 


90        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

be  convicted  of  felony  or  any  infamous  crime,  his  seat  in 
such  Council  shall  thereby  become  vacant. 

XXXVII.  Any  question  which  shall  arise  respecting 
any  vacancy  in  the  said  Legislative  Council  on  occasion 
of  any  of  the  matters  aforesaid  shall  be  referred  by  the 
Governor  to  the  said  Legislative  Council  to  be  by  the 
said  Legislative  Council  heard  and  determined:  Provided 
always,  that  it  shall  be  lawful,  either  for  the  person  re- 
specting whose  seat  such  question  shall  have  arisen,  or  for 
Her  Majesty's  Attorney  General  for  New  Zealand  on  Her 
Majesty's  behalf,  to  appeal  from  the  determination  of  the 
said  Council  in  such  case  to  Her  Majesty;  and  the  judg- 
ment of  Her  Majesty  given  with  the  advice  of  her  Privy 
Council  thereon  shall  be  final  and  conclusive  to  all  intents 
and  purposes. 

XXXVIII.  The  Governor  shall  have  the  power  and 
authority  from  time  to  time  to  appoint  one  member  of  the 
said  Legislative  Council  to  be  speaker  of  such  Council,  and 
to  remove  him  and  appoint  another  in  his  stead. 

XXXIX.  The  presence  of  at  least  five  members  of 
the  said  Legislative  Council,  including  the  speaker,  shall 
be  necessary  to  constitute  a  meeting  for  the  exercise  of  its 
powers;  and  all  questions  which  shall  arise  in  the  said 
Legislative  Council  shall  be  decided  by  a  majority  of  votes 
of  the  members  present  other  than  the  speaker;  and  when 
the  votes  shall  be  equal  the  speaker  shall  have  the  casting 
vote. 

XL.  For  the  purpose  of  constituting  the  House  of 
Representatives  of  New  Zealand  it  shall  be  lawful  for  the 
Governor,  within  the  time  hereinafter  mentioned,  and 
thereafter  from  time  to  time  as  occasion  shall  require, 
by  proclamation  in  Her  Majesty's  name,  to  summon  and 
call  together  a  House  of  Representatives  in  and  for  New 


NEW  ZEALAND  91 

Zealand,  such  House  of  Representatives  to  consist  of  such 
number  of  members,  not  more  than  forty-two  nor  less 
than  twenty-four,  as  the  Governor  shall  by  proclamation 
in  that  behalf  direct  and  appoint;  and  every  such  House 
of  Representatives  shall,  unless  the  General  Assembly  shall 
be  sooner  dissolved,  continue  for  the  period  of  five  years 
from  the  day  of  the  return  of  the  writs  for  choosing  such 
House,  and  no  longer. 

XLI.  It  shall  be  lawful  for  the  Governor  by  procla- 
mation to  constitute  within  Xew  Zealand  convenient  elec- 
toral districts  for  the  election  of  members  of  the  said  House 
of  Representatives,  and  to  appoint  and  declare  the  number 
of  such  members  to  be  elected  for  each  such  district,  and 
to  make  provision  (so  far  as  may  be  necessary  beyond 
the  provision  which  may  be  made  for  the  like  purposes  in 
relation  to  elections  for  Provincial  Councils)  for  the  regis- 
tration and  revision  of  lists  of  all  persons  qualified  to  vote 
at  the  elections  to  be  holden  within  such  districts,  and  also 
provision  for  the  appointing  of  returning  officers,  and  for 
issuing,  executing,  and  returning  the  necessary  writs  for 
election  of  members  of  the  House  of  Representatives,  and 
for  taking  the  poll  thereat,  and  otherwise  for  ensuring  the 
orderly,  effective,  and  impartial  conduct  of  such  elections; 
and  in  determining  the  number  and  extent  of  such  electoral 
districts,  and  the  number  of  members  to  be  elected  for 
each  district,  regard  shall  be  had  to  the  number  of  electors 
within  the  same,  so  that  the  number  of  members  to  be 
assigned  to  any  one  district  may  bear  to  the  whole  number 
of  the  members  of  the  House  of  Representatives,  as  nearly 
as  may  be,  the  same  proportion  as  the  number  of  electors 
within  such  district  shall  bear  to  the  whole  number  of  the 
electors  in  New  Zealand. 

XLI  I.    The  members  of  the  said  House  of  Representa- 


92        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

tives  to  be  chosen  in  every  electoral  district  appointed  for 
that  purpose  shall  be  chosen  by  the  votes  of  the  inhabitants 
of  New  Zealand  who  shall  possess  within  such  district  the 
like  qualifications  which,  when  possessed  within  an  electoral 
district  appointed  for  the  election  of  members  of  a  Pro- 
vincial Council,  would  entitle  inhabitants  of  the  Province 
to  vote  in  the  election  of  members  of  the  Provincial  Council 
thereof,  and  who  shall  be  duly  registered  as  electors;  and 
every  person  legally  qualified  as  such  elector  shall  be 
qualified  to  be  elected  a  member  of  the  said  House. 

XLIII.  The  Governor  shall  cause  the  first  writs  for 
the  election  of  members  of  the  said  House  of  Representa- 
tives to  be  issued  at  some  time  not  later  than  six  calendar 
months  next  after  the  proclamation  of  this  act  in  New 
Zealand;  and  upon  the  expiration  of  the  said  period  of 
the  continuance  of  the  House  of  Representatives,  or  upon 
the  previous  determination  of  such  house  by  the  dissolu- 
tion of  the  General  Assembly,  the  Governor  shall  cause 
writs  to  be  issued  for  the  election  of  members  of  the 
ensuing  House  of  Representatives. 

XLIV.  The  General  Assembly  of  New  Zealand  shall 
be  holden  at  any  place  and  time  within  New  Zealand 
which  the  Governor  shall  from  time  to  time  by  procla- 
mation for  that  purpose  appoint;  and  the  time  so  to  be 
appointed  for  the  first  holding  of  such  General  Assembly 
shall  be  as  soon  as  conveniently  may  be  after  the  return 
of  the  first  writs  for  the  election  of  members  of  the  said 
House  of  Representatives;  and  the  Governor  may  at  his 
pleasure  prorogue  or  dissolve  the  General  Assembly. 

XLV.  The  said  House  of  Representatives  shall,  until 
provision  be  otherwise  made  in  that  behalf  by  law,  be 
judges,  without  appeal,  of  the  validity  of  the  election  of 
each  member  thereof. 


NEW  ZEALAND  93 

XLVL  No  member  of  the  said  Legislative  Council  or 
House  of  Representatives  shall  be  permitted  to  sit  or  vote 
therein  until  he  shall  have  taken  and  subscribed  the  follow- 
ing oath  before  the  Governor,  or  before  some  person  or 
persons  authorized  by  him  to  administer  such  oath: 

'I  A.  B.  do  sincerely  promise  and  swear,  that 
1 1  will  be  faithful  and  bear  true  allegiance  to 
1  Her  Majesty  Queen  Victoria. 

'  So  help  me  GOD.' 

XL VI I.  Every  person  authorized  by  law  to  make  his 
solemn  affirmation  or  declaration  instead  of  taking  an  oath 
may  make  such  affirmation  or  declaration  in  lieu  of  the  said 
oath. 

XLVIII.  The  said  House  of  Representatives  shall  im- 
mediately on  their  first  meeting  proceed  to  the  choice  of 
one  of  their  members  as  their  speaker  during  the  con- 
tinuance of  the  said  House,  which  choice,  being  confirmed 
by  the  Governor,  shall  be  valid  and  effectual;  and  in  case 
of  vacancy  of  the  office  by  death,  resignation,  or  other- 
wise, then  and  so  often  as  the  same  shall  happen,  the  choice 
shall  be  repeated  and  confirmed  as  aforesaid. 

XLIX.  It  shall  be  lawful  for  any  member  of  the  said 
House  of  Representatives,  by  writing  under  his  hand 
addressed  to  the  speaker  of  the  said  House,  to  resign  his 
seat  in  the  said  House,  and  upon  such  resignation  the  seat 
of  such  member  shall  become  vacant. 

L.  If  any  member  of  the  said  House  of  Representa- 
tives shall  for  one  whole  session  of  the  General  Assembly, 
without  the  permission  of  such  House,  fail  to  give  his 
attendance  in  the  said  House,  or  shall  take  any  oath  or 
make  any  declaration  or  acknowledgement  of  allegiance, 
obedience,  or  adherence  to  any  foreign  prince  or  power, 
or  do  or  concur  in  or  adopt  any  Act  whereby  he  may 


94>       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

become  a  subject  or  citizen  of  any  foreign  State  or  power, 
or  become  entitled  to  the  rights,  privileges,  or  immunities 
of  a  subject  of  any  foreign  state  or  power,  or  shall  become 
bankrupt,  or  shall  become  an  insolvent  debtor  within  the 
meaning  of  the  laws  relating  to  insolvent  debtors,  or  shall 
become  a  public  defaulter,  or  be  attainted  of  treason,  or  be 
convicted  of  felony  or  any  infamous  crime,  his  seat  in 
such  House  shall  thereby  become  vacant. 

LI.  When  and  so  often  as  a  vacancy  shall  occur  as 
aforesaid  in, any  seat  in  the  said  House  of  Representatives, 
it  shall  and  may  be  lawful  for  such  House  to  address  the 
Governor,  stating  the  existence  of  such  vacancy  and  the 
cause  thereof;  and  the  governor,  upon  receiving  such 
address,  shall  cause  a  writ  to  be  issued  for  supplying  such 
vacancy. 

LI  I.  The  said  Legislative  Council  and  House  of  Rep- 
resentatives at  the  first  sitting  of  each  respectively,  and 
from  time  to  time  afterwards  as  there  shall  be  occasion, 
shall  prepare  and  adopt  such  standing  rules  and  orders 
as  shall  appear  to  the  said  Council  and  House  of  Repre- 
sentatives respectively  best  adapted  for  the  orderly  conduct 
of  the  business  of  such  Council  and  House  respectively, 
and  for  the  manner  in  which  such  Council  and  House  re- 
spectively shall  be  presided  over  in  case  of  the  absence  of 
the  speaker,  and  for  the  mode  in  which  such  Council  and 
House  shall  confer,  correspond,  and  communicate  with 
each  other  relative  to  votes  or  bills  passed  by  or  pending  in 
such  Council  and  House  respectively,  and  for  the  manner 
in  which  notices  of  bills,  resolutions,  and  other  business 
intended  to  be  submitted  to  such  Council  and  House  re- 
spectively at  any  session  thereof  may  be  published  in  the 
Government  Gazette  or  otherwise  for  general  information 
for    some    convenient    space    or    time    before    the    meeting 


NEW  ZEALAND  95 

of  such  Council  and  House  respectively,  and  for  the  proper 
framing,  entitling,  and  numbering  of  the  bills  to  be  intro- 
duced into  and  passed  by  the  said  Council  and  House  of 
Representatives;  all  of  which  rules  and  orders  shall  by 
such  Council  and  House  respectively  be  laid  before  the 
Governor,  and  being  by  him  approved  shall  become  binding 
and  of  force,  but  subject  nevertheless  to  the  confirmation 
or  disallowance  of  Her  Majesty  in  manner  hereinafter 
provided  respecting  the  Acts  to  be  made  by  the  Governor 
with  the  advice  and  consent  of  the  said  Legislative  Coun- 
cil and  House  of  Representatives;  provided  that  no  such 
rule  or  order  shall  be  of  force  to  subject  any  person, 
not  being  a  member  or  officer  of  the  Council  or  House 
to  which  it  relates,  to  any  pain,  penalty,  or  forfeiture. 

LIU.  It  shall  be  competent  to  the  said  General  As- 
sembly (except  and  subject  as  hereinafter  mentioned)  to 
make  laws  for  the  peace,  order,  and  good  government 
of  New  Zealand,  provided  that  no  such  laws  be  repug- 
nant to  the  Law  of  England;  and  the  laws  so  to  be  made 
by  the  said  General  Assembly  shall  control  and  supersede 
any  laws  or  ordinances  in  anywise  repugnant  thereto,  which 
may  have  been  made  or  ordained  prior  thereto  by  any 
Provincial  Council;  and  any  law  or  ordinance  made  or 
ordained  by  any  Provincial  Council  in  pursuance  of  the 
authority  hereby  conferred  upon  it,  and  on  any  subject 
whereon  under  such  authority  as  aforesaid  it  is  entitled 
to  legislate,  shall,  so  far  as  the  same  is  repugnant  to  or 
inconsistent  with  any  Act  passed  by  the  General  Assembly, 
be  null  and  void. 

LIV.  It  shall  not  be  lawful  for  the  House  of  Repre- 
sentatives or  the  Legislative  Council  to  pass,  or  for  the 
Governor  to  assent  to  any  bill  appropriating  to  the  public 
service  any  sum  of  money  from  or  out  of  Her  Majesty's 


96       AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

revenue  within  New  Zealand,  unless  the  Governor  on  Her 
Majesty's  behalf  shall  first  have  recommended  to  the  House 
of  Representatives  to  make  provision  for  the  specific 
public  service  towards  which  such  money  is  to  be  appro- 
priated; and  (save  as  herein  otherwise  provided)  no  part 
of  Her  Majesty's  revenue  within  New  Zealand  shall  be 
issued  except  in  pursuance  of  warrants  under  the  hand  of 
the  Governor  directed  to  the  public  treasurer  thereof. 

LV.  It  shall  and  may  be  lawful  for  the  Governor  to 
transmit  by  message  to  either  the  said  Legislative  Council 
or  the  said  House  of  Representatives  for  their  considera- 
tion the  drafts  of  any  laws  which  it  may  appear  to  him 
desirable  to  introduce;  and  all  such  drafts  shall  be  taken 
into  consideration  in  such  convenient  manner  as  shall  in 
and  by  the  rules  and  orders  aforesaid  be  in  that  behalf 
provided. 

LVI.  Whenever  any  bill  which  has  been  passed  by  the 
said  Legislative  Council  and  House  of  Representatives 
shall  be  presented  for  Her  Majesty's  assent  to  the  Gov- 
ernor, he  shall  declare  according  to  his  discretion,  but 
subject  nevertheless  to  the  provisions  contained  in  this  Act 
and  to  such  instructions  as  may  from  time  to  time  be 
given  in  that  behalf  by  Her  Majesty,  her  heirs  or  suc- 
cessors, that  he  assents  to  such  bill  in  Her  Majesty's  name, 
or  that  he  refuses  his  assent  to  such  bill,  or  that  he  reserves 
such  bill  for  the  signification  of  Her  Majesty's  pleasure 
thereon:  provided  always,  that  it  shall  and  may  be  lawful 
for  the  Governor,  before  declaring  his  pleasure  in  regard 
to  any  bill  so  presented  to  him,  to  make  such  amendments 
in  such  bill  as  he  thinks  needful  or  expedient,  and  by 
message  to  return  such  bill  with  such  amendments  to  the 
Legislative  Council  or  the  House  of  Representatives  as  he 
shall  think  the  more  fitting;  and  the  consideration  of  such 


NEW  ZEALAND  97 

amendments  by  the  said  Council  and  House  respectively 
shall  take  place  in  such  convenient  manner  as  shall  in  and 
by  the  rules  and  orders  aforesaid  be  in  that  behalf  provided. 

LVII.  It  shall  be  lawful  for  Her  Majesty,  with  the 
advice  of  Her  Privy  Council,  or  under  Her  Majesty's 
signet  and  sign  manual,  or  through  one  of  her  principal 
Secretaries  of  State,  from  time  to  time  to  convey  to  the 
Governor  of  New  Zealand  such  instructions  as  to  Her 
Majesty  shall  seem  meet,  for  the  guidance  of  such  Gover- 
nor, for  the  exercise  of  the  powers  hereby  vested  in  him 
of  assenting  to  or  dissenting  from  or  for  reserving  for  the 
signification  of  Her  Majesty's  pleasure,  bills  to  be  passed 
by  the  said  Legislative  Council  and  House  of  Representa- 
tives; and  it  shall  be  the  duty  of  such  Governor  to  act  in 
obedience  to  such  instructions. 

LVIII.  Whenever  any  bill  which  shall  have  been  pre- 
sented for  Her  Majesty's  assent  to  the  Governor  shall  by 
such  Governor  have  been  assented  to  in  Her  Majesty's 
name,  he  shall  by  the  first  convenient  opportunity  transmit 
to  one  of  Her  Majesty's  principal  Secretaries  of  State  an 
authentic  copy  of  such  bill  so  assented  to;  and  it  shall  be 
lawful,  at  any  time  within  two  years  after  such  bill  shall 
have  been  received  by  the  Secretary  of  State,  for  Her 
Majesty,  by  Order  in  Council,  to  declare  her  disallowance 
of  such  bill;  and  such  disallowance,  together  with  a  cer- 
tificate under  the  hand  and  seal  of  the  Secretary  of  State 
certifying  the  day  on  which  such  bill  was  received  as  afore- 
said, being  signified  by  the  Governor  to  the  said  Legislative 
Council  and  House  of  Representatives  by  speech  or  mes- 
sage, or  by  proclamation  in  the  Government  Gazette,  shall 
make  void  and  annul  the  same  from  and  after  the  day  of 
such  signification. 

LIX.    No  bill  which  shall  be  reserved  for  the  significa- 


98        AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

tion  of  Her  Majesty's  pleasure  thereon  shall  have  any 
force  or  authority  within  New  Zealand  until  the  Governor 
shall  signify,  either  by  speech  or  message  to  the  said  Legis- 
lative Council  and  House  of  Representatives,  or  by  procla- 
mation, that  such  bill  has  been  laid  before  Her  Majesty 
in  Council,  and  that  Her  Majesty  has  been  pleased  to 
assent  to  the  same;  and  an  entry  shall  be  made  in  the 
journals  of  the  said  Legislative  Council  and  House  of 
Representatives  of  every  such  speech,  message,  or  procla- 
mation, and  a  duplicate  thereof,  duly  attested,  shall  be 
delivered  to  the  registrar  of  the  Supreme  Court,  or  other 
proper  officer,  to  be  kept  among  the  records  of  New 
Zealand ;  and  no  bill  which  shall  be  so  reserved  as  aforesaid 
shall  have  any  force  or  authority  within  New  Zealand, 
unless  Her  Majesty's  assent  thereto  shall  have  been  so 
signified  as  aforesaid  within  the  space  of  two  years  from 
the  day  on  which  such  bill  shall  have  been  presented  for 
Her  Majesty's  assent  to  the  Governor  as  aforesaid. 

LX.  The  Governor  shall  cause  every  Act  of  the  said 
General  Assembly  which  he  shall  have  assented  to  in  Her 
Majesty's  name  to  be  printed  in  the  Government  Gazette 
for  general  information,  and  such  publication  by  such 
Governor  of  any  such  Act  shall  be  deemed  to  be  in  law 
the  promulgation  of  the  same. 

LXI.  It  shall  not  be  lawful  for  the  said  General  As- 
sembly to  levy  any  duty  upon  articles  imported  for  the 
supply  of  Her  Majesty's  land  or  sea  forces,  or  to  levy 
any  duty,  impose  any  prohibition  or  restriction,  or  grant 
any  exemptions,  bounty,  drawback,  or  other  privilege  upon 
the  importation  or  exportation  of  any  articles  or  to  impose 
any  dues  or  charges  upon  shipping  contrary  to  or  at 
variance  with  any  treaty  or  treaties  concluded  by  Her 
Majesty  with  any  foreign  power. 


NEW  ZEALAND  99 

LXII.  The  Governor  is  hereby  authorized  and  required 
to  pay  out  of  the  revenue  arising  from  taxes,  duties,  rates, 
and  imposts  levied  under  any  Act  or  Acts  of  the  said 
General  Assembly,  and  from  the  disposal  of  waste  lands 
of  the  crown,  all  the  costs,  charges,  and  expenses  incident 
to  the  collection,  management,  and  receipt  thereof;  also 
to  pay  out  of  the  said  revenue  arising  from  the  disposal 
of  waste  lands  of  the  crown  such  sums  as  may  become 
payable  under  the  provisions  hereinafter  contained  for  or 
on  account  of  the  purchase  of  land  from  aboriginal  natives, 
or  the  release  or  extinguishment  of  their  rights  in  any 
land,  and  such  sums  as  may  become  payable  to  the  Xew 
Zealand  Company  under  the  provisions  of  this  Act  in 
respect  of  the  sale  or  alienation  of  land:  Provided  always, 
that  full  and  particular  accounts  of  all  such  disbursements 
shall  from  time  to  time  be  laid  before  the  said  Legislative 
Council  and  House  of  Representatives. 

LXIII.  All  costs,  charges,  and  expenses,  of  or  incident 
to  the  collection,  management,  and  receipt  of  duties  of 
import  and  export  shall  be  regulated  and  audited  in  such 
manner  as  shall  be  directed  by  the  Commissioners  of  Her 
Majesty's  Treasury  of  the  United  Kingdom  of  Great 
Britain  and  Ireland;  and  all  such  costs,  charges,  and 
expenses  in  relation  to  other  branches  of  the  said  revenue 
shall  be  regulated  and  audited  in  such  manner  as  shall  be 
directed  by  laws  of  the  said  General  Assembly. 

LXIV.  There  shall  be  payable  to  Her  Majesty,  every 
year  out  of  the  revenue  arising  from  such  taxes,  duties, 
rates,  and  imposts,  and  from  the  disposal  of  such  waste 
lands  of  the  Crown  in  New  Zealand,  the  several  sums 
mentioned  in  the  schedule  to  this  Act;  such  several  sums  to 
be  paid  for  defraying  the  expenses  of  the  services  and 
purposes  mentioned  in  such  schedule,  and  to  be  issued  by 


100     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

the  Treasurer  of  New  Zealand  in  discharge  of  such  war- 
rants as  shall  be  from  time  to  time  directed  to  him  under 
the  hand  and  seal  of  the  Governor;  and  the  said  Treasurer 
shall  account  to  Her  Majesty  for  the  same  through  the 
Commissioners  of  Her  Majesty's  Treasury  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  in  such  manner 
and  form  as  Her  Majesty  shall  be  graciously  pleased  to 
direct. 

LXV.  It  shall  be  lawful  for  the  General  Assembly  of 
New  Zealand,  by  any  Act  or  Acts,  to  alter  all  or  any  of 
the  sums  mentioned  in  the  said  schedule,  and  the  appro- 
priation of  such  sums  to  the  services  and  purposes  therein 
mentioned;  but  every  bill  which  shall  be  passed  by  the  said 
Legislative  Council  and  House  of  Representatives  altering 
the  salary  of  the  Governor,  or  altering  the  sum  described 
as  for  native  purposes,  shall  be  reserved  for  the  signification 
of  Her  Majesty's  pleasure  thereon;  and  until  and  subject 
to  such  alteration  by  Act  or  Acts  as  aforesaid  the  salaries 
of  the  Governor  and  Judges  shall  be  those  respectively  set 
against  their  several  offices  in  the  said  schedule;  and 
accounts  in  detail  of  the  expenditure  of  the  several  sums 
for  the  time  being  appropriated  under  this  Act,  or  such 
Act  or  Acts  as  aforesaid  of  the  said  General  Assembly, 
to  the  several  services  and  purposes  mentioned  in  the  said 
schedule,  shall  be  laid  before  the  said  Legislative  Council 
and  House  of  Representatives  within  thirty  days  next  after 
the  beginning  of  the  session  after  such  expenditure  shall 
have  been  made:  Provided  always,  that  it  shall  not  be 
lawful  for  the  said  General  Assembly,  by  any  such  Act 
as  aforesaid,  to  make  any  diminution  in  the  salary  of  any 
Judge  to  take  effect  during  the  continuance  in  office  of 
any  person  being  such  Judge  at  the  time  of  the  passing 
of  such  Act. 


NEW  ZEALAND  101 

LXVI.  After  and  subject  to  the  payments  to  be  made 
under  the  provisions  hereinbefore  contained  all  the  revenue 
arising  from  taxes,  duties,  rates,  and  imposts  levied  in 
virtue  of  any  Act  of  the  General  Assembly,  and  from  the 
disposal  of  waste  lands  of  the  Crown,  under  any  such  Act 
made  in  pursuance  of  the  authority  herein  contained,  shall 
be  subject  to  be  appropriated  to  such  specific  purposes 
as  by  any  Act  of  the  said  General  Assembly  shall  be 
prescribed  in  that  behalf;  and  the  surplus  of  such  revenue 
which  shall  not  be  appropriated  as  aforesaid  shall  be 
divided  among  the  several  Provinces  for  the  time  being 
established  in  Xew  Zealand  under  or  by  virtue  of  this  Act, 
in  the  like  proportions  as  the  gross  proceeds  of  the  said 
revenue  shall  have  arisen  therein  respectively,  and  shall  be 
paid  over  to  the  respective  treasuries  of  such  Provinces 
for  the  public  uses  thereof,  and  shall  be  subject  to  the 
appropriation  of  the  respective  Provincial  Councils  of  such 
Provinces. 

LXVI  I.  It  shall  be  lawful  for  the  said  General  As- 
sembly, by  any  Act  or  Acts,  from  time  to  time,  to  establish 
new  electoral  districts  for  the  purpose  of  electing  members 
of  the  said  House  of  Representatives,  to  alter  the  bounda- 
ries of  electoral  districts  for  the  time  being  existing  for 
such  purposes,  to  alter  and  appoint  the  number  of  members 
to  be  chosen  for  such  districts,  to  increase  the  whole  number 
of  members  of  the  said  House  of  Representatives,  and  to 
alter  and  regulate  the  appointment  of  returning  officers, 
and  make  provision  in  such  manner  as  they  may  deem 
expedient  for  the  issue  and  return  of  writs  for  the  election 
of  the  members  of  such  House  and  the  time  and  place  of 
holding  such  elections,  and  for  the  determination  of  con- 
tested elections  for  such  House. 

LXVIII.    It  shall  be  lawful  for  the  said  General  As- 


102     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

sembly,  by  any  Act  or  Acts,  to  alter  from  time  to  time 
any  provisions  of  this  Act  and  any  laws  for  the  time  being 
in  force  concerning  the  election  of  members  of  the  said 
House  of  Representatives,  and  the  qualification  of  electors 
and  members;  provided  that  every  bill  for  any  of  such 
purposes  shall  be  reserved  for  the  signification  of  Her 
Majesty's  pleasure  thereon,  and  a  copy  of  such  bill  shall 
be  laid  before  both  Houses  of  Parliament  for  the  space 
of  thirty  days  at  the  least  before  Her  Majesty's  pleasure 
thereon  shall  be  signified. 

LXIX.  It  shall  be  lawful  for  the  said  General  As- 
sembly, by  any  Act  or  Acts  from  time  to  time,  to  con- 
stitute new  Provinces  in  New  Zealand,  to  direct  and  ap- 
point the  numbers  of  members  of  which  the  Provincial 
Council  thereof  shall  consist,  and  to  alter  the  boundaries 
of  any  Provinces  for  the  time  being  existing,  and  to  alter 
the  provisions  of  this  Act  and  any  laws  for  the  time 
being  in  force  respecting  the  election  of  members  of  the 
Provincial  Councils,  the  powers  of  such  Councils,  and  the 
distribution  of  the  said  surplus  revenue  between  the  several 
Provinces  of  New  Zealand;  provided  always,  that  any 
bill  for  any  of  the  said  purposes  shall  be  reserved  for  the 
signification  of  Her  Majesty's  pleasure  thereon. 

LXX.  It  shall  be  lawful  for  Her  Majesty,  in  and  by 
any  letters  patent  to  be  issued  under  the  great  seal  of  the 
United  Kingdom,  from  time  to  time  to  constitute  and 
establish  within  any  district  or  districts  of  New  Zealand 
one  or  more  municipal  corporation  or  corporations,  and  to 
grant  to  any  such  corporation  all  or  any  of  the  powers 
which,  in  pursuance  of  the  statutes  in  that  behalf  made 
and  provided,  it  is  competent  to  Her  Majesty  to  grant  to 
the  inhabitants  of  any  town  or  borough  in  England  and 
Wales  incorporated  in  virtue  of  such  statutes  or  any  of 
them,  and  to  qualify  and  restrict  the  exercise  of  any  such 


NEW  ZEALAND  103 

powers  in  such  and  the  same  manner  as,  by  the  statutes 
aforesaid  or  any  of  them,  Her  Majesty  may  qualify  or 
restrict  the  exercise  of  any  such  powers  as  aforesaid  in 
England:  Provided  always,  that  all  provisions  of  any  such 
letters  patent,  and  all  byelaws  or  regulations  made  by 
any  such  corporation,  shall  be  subject  to  alteration  or 
repeal  by  any  Ordinance  or  Act  of  the  Provincial  Council 
for  the  Province  in  which  any  such  corporation  may  be 
established,  or  of  the  General  Assembly,  according  to  their 
respective  powers  hereinbefore  declared. 

LXXI.  And  whereas  it  may  be  expedient  that  the 
laws,  customs,  and  usages  of  the  aboriginal  or  native 
inhabitants  of  New  Zealand,  so  far  as  they  are  not  repug- 
nant to  the  general  principles  of  humanity,  should  for  the 
present  be  maintained  for  the  government  of  themselves, 
in  all  their  relations  to  and  dealings  with  each  other,  and 
that  particular  districts  should  be  set  apart  within  which 
such  laws,  customs,  or  usages  should  be  so  observed: 

It  shall  be  lawful  for  Her  Majesty,  by  any  letters  patent 
to  be  issued  under  the  great  seal  of  the  United  Kingdom, 
from  time  to  time  to  make  provision  for  the  purposes 
aforesaid,  any  repugnancy  of  any  such  native  laws,  cus- 
toms, or  usages  to  the  law  of  England,  or  to  any  law, 
statute,  or  usage  in  force  in  Xew  Zealand,  or  any  part 
thereof,  in  anywise  notwithstanding. 

LXXII.  Subject  to  the  provisions  herein  contained,  it 
shall  be  lawful  for  the  said  General  Assembly  to  make  laws 
for  regulating  the  sale,  letting,  disposal,  and  occupation 
of  the  waste  lands  of  the  Crown  in  New  Zealand;  and  all 
lands  wherein  the  title  of  natives  shall  be  extinguished  as 
hereinafter  mentioned,  and  all  such  other  lands  as  are 
described  in  an  Act  of  the  session  holden  in  the  tenth  and 
eleventh  years  of  Her  Majesty,  chapter  one  hundred  and 


104     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

twelve,  to  promote  colonization  in  New  Zealand,  and  to 
authorize  a  loan  to  the  New  Zealand  Company,  as  demesne 
lands  of  the  Crown,  shall  be  deemed  and  taken  to  be 
waste  lands  of  the  Crown  within  the  meaning  of  this  Act: 
Provided  always,  that  subject  to  the  said  provisions,  and 
until  the  said  General  Assembly  shall  otherwise  enact,  it 
shall  be  lawful  for  Her  Majesty  to  regulate  such  sale, 
letting,  disposal,  and  occupation  by  instructions  to  be  issued 
under  the  signet  and  royal  sign  manual. 

LXXIII.  It  shall  not  be  lawful  for  any  person  other 
than  Her  Majesty,  her  heirs  or  successors,  to  purchase  or 
in  anywise  acquire  or  accept  from  the  aboriginal  natives 
land  of  or  belonging  to  or  used  or  occupied  by  them  in 
common  as  tribes  or  communities,  or  to  accept  any  release 
or  extinguishment  of  the  rights  of  such  aboriginal  natives 
in  any  such  land  as  aforesaid;  and  no  conveyance  or 
transfer,  or  agreement  for  the  conveyance  or  transfer,  of 
any  such  land,  either  in  perpetuity  or  for  any  term  or 
period,  either  absolutely  or  conditionally,  and  either  in 
property  or  by  way  of  lease  or  occupancy,  and  no  such 
release  or  extinguishment  as  aforesaid,  shall  be  of  any 
validity  or  effect  unless  the  same  be  made  to,  or  entered 
into  with,  and  accepted  by  Her  Majesty,  her  heirs  or 
successors:  Provided  always,  that  it  shall  be  lawful  for 
Her  Majesty,  her  heirs  and  successors,  by  instructions 
under  the  signet  and  royal  sign  manual,  or  signified 
through  one  of  Her  Majesty's  principal  Secretaries  of 
State,  to  delegate  her  powers  of  accepting  such  conveyances 
or  agreements,  releases  or  relinquishments,  to  the  Governor 
of  New  Zealand,  or  the  Superintendent  of  any  Province 
within  the  limits  of  such  Province,  and  to  prescribe  or 
regulate  the  terms  on  which  such  conveyances  or  agree- 
ments, releases,  or  extinguishments,  shall  be  accepted. 


NEW  ZEALAND  105 

LXXIV.  And  whereas  under  and  by  virtue  of  the  said 
last  mentioned  Act,  and  of  a  notice  given  on  the  fourth 
day  of  July  one  thousand  eight  hundred  and  fifty  by  the 
New  Zealand  Company  in  pursuance  of  such  Act,  the  sum 
of  two  hundred  and  sixty-eight  thousand  three  hundred 
and  seventy  pounds  fifteen  shillings,  with  interest  after  the 
yearly  rate  of  three  pounds  ten  shillings  per  centum  upon 
the  said  sum,  or  so  much  thereof  as  shall  from  time  to 
time  remain  unpaid,  is  charged  upon  and  payable  to  the 
New  Zealand  Company  out  of  the  proceeds  of  the  sales  of 
the  demesne  lands  of  the  Crown  in  New  Zealand: 

In  respect  of  all  sales  or  other  alienations  of  any  waste 
lands  of  the  Crown  in  New  Zealand  in  fee  simple  or  for 
any  less  estate  or  interest  (except  by  way  of  license  for 
occupation  for  pastoral  purposes  for  any  term  of  years 
not  exceeding  seven,  and  not  containing  any  contract  for 
the  renewal  of  the  same,  or  for  a  further  estate,  interest, 
or  license,  or  by  way  of  reservation  of  such  lands  as  may 
be  required  for  public  roads  or  other  internal  communica- 
tions whether  by  land  or  water,  or  for  the  use  or  benefit 
of  the  aboriginal  inhabitants  of  the  country,  or  for  pur- 
poses of  military  defence,  or  as  the  sites  of  places  of  public 
worship,  schools,  or  other  public  buildings,  or  as  places  for 
the  interment  of  the  dead,  or  places  for  the  recreation  and 
amusement  of  the  inhabitants  of  any  town  or  village,  or 
as  the  sites  of  public  quays  or  landing  places  on  the  sea 
coast  or  shores  of  navigable  streams,  or  for  any  other 
purpose  of  public  safety,  convenience,  health,  or  enjoy- 
ment,) there  shall  be  paid  to  the  said  New  Zealand  Com- 
pany towards  the  discharge  of  the  principal  sum  and 
interest  charged  as  aforesaid,  in  lieu  of  all  and  every  other 
claim  of  the  said  Company  in  respect  of  the  said  sum, 
except  where   otherwise   hereinafter   provided,   so  long   as 


106     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

the  same  or  any  part  thereof  respectively  shall  remain 
unpaid,  one  fourth  part  of  the  sum  paid  by  the  purchaser 
in  respect  of  every  such  sale  or  alienation:  Provided 
always,  that  it  shall  be  lawful  for  the  New  Zealand  Com- 
pany, by  any  resolution  of  a  majority  of  the  proprietors 
of  the  said  Company  present  at  any  meeting  of  such  pro- 
prietors, and  certified  under  the  common  seal  of  such 
Company,  to  release  all  or  any  part  of  the  said  lands  from 
the  monies  or  payment  charged  thereon  by  the  said  Act  or 
this  Act,  or  any  part  of  such  monies  or  payment,  either 
absolutely  or  upon  any  terms  or  conditions,  as  such  pro- 
prietors may  think  fit. 

LXXV.  It  shall  not  be  lawful  for  the  said  General 
Assembly  to  repeal  or  interfere  with  all  or  any  of  the 
provisions  of  an  Act  of  the  session  holden  in  the  thirteenth 
and  fourteenth  years  of  Her  Majesty,  chapter  seventy, 
entitled  "  An  Act  empowering  the  Canterbury  Association 
to  dispose  of  certain  lands  in  New  Zealand,"  or  of  an 
Act  passed  in  the  session  then  next  following,  chapter 
eighty-four,  to  alter  and  amend  the  said  first-mentioned 
Act:  Provided  always,  that  on  the  expiration  or  sooner 
determination  of  the  functions,  powers,  and  authorities  now 
vested  in  or  lawfully  exercised  by  the  said  association,  the 
provisions  of  the  present  Act  shall  come  into  force  as  re- 
gards the  lands  to  which  the  said  Acts  relate. 

LXXVI.  It  shall  be  lawful  for  the  Canterbury  Associa- 
tion, at  any  time  after  a  Provincial  Council  shall  have 
been  constituted  under  this  Act  for  the  Province  of  Canter- 
bury, to  transfer  to  the  said  Council  all  such  functions, 
powers,  and  authorities,  and  the  said  Council  is  hereby 
empowered  to  accept  such  transfer,  upon  such  terms  and 
conditions  as  shall  be  agreed  upon  between  the  said  Council 
and  the  said  Association:    Provided  always,   that  nothing 


NEW  ZEALAND  107 

contained  in  such  terms  and  conditions  shall  interfere  with 
the  rights  of  Her  Majesty,  her  heirs  and  successors,  or  of 
the  New  Zealand  Company  respectively;  and  from  and 
after  such  time  as  shall  be  agreed  upon  between  the  said 
Council  and  the  said  Association,  the  said  Council  shall 
have  and  be  entitled  to  exercise  all  the  said  functions, 
powers,  and  authorities. 

LXXVII.  Nothing  in  this  Act  or  in  any  Act,  law, 
or  ordinance  to  be  made  by  the  said  General  Assembly, 
or  by  any  Provincial  Assembly,  shall  affect  or  interfere 
with  so  much  of  an  Act  of  the  session  holden  in  the 
fourteenth  and  fifteenth  years  of  Her  Majesty,  chapter 
eighty-six,  entitled  "  An  Act  to  regulate  the  affairs  of 
certain  settlements  established  by  the  New  Zealand  Com- 
pany in  New  Zealand,"  as  relates  to  the  administration 
of  the  fund  for  the  public  purposes  of  the  settlement  of 
Nelson. 

LXXVIII.  And  whereas  certain  terms  of  purchase  and 
pasturage  of  land  in  the  settlement  of  Otago  had  been 
issued  by  the  New  Zealand  Company  before  the  fourth  day 
of  July  one  thousand  eight  hundred  and  fifty,  and  the  said 
terms,  or  part  of  them,  were  in  force  on  that  day  as  con- 
tracts between  the  New  Zealand  Company  and  the  Asso- 
ciation of  lay  members  of  the  Free  Church  of  Scotland, 
commonly  called  the  Otago  Association:  And  whereas  by 
the  provisions  of  the  said  Act  of  the  tenth  and  eleventh 
years  of  Her  Majesty,  and  of  the  said  notice  given  by  the 
New  Zealand  Company,  the  lands  of  the  said  Company  in 
New  Zealand  reverted  to  and  became  vested  in  Her 
Majesty  as  part  of  the  demesne  lands  of  the  Crown,  subject 
nevertheless  to  any  contract  then  subsisting  in  regard  to 
any  of  the  said  lands:  And  whereas  it  is  expedient  that 
provision  should  be  made  to  enable  Her  Majesty  to  fulfil 


108     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

the   contracts   contained   in  such   terms   of  purchase   and 
pasturage  as  aforesaid: 

It  shall  be  lawful  for  Her  Majesty  for  that  purpose  to 
make  provision,  by  way  of  regulations  to  be  contained  in 
any  charter  to  be  granted  to  the  said  Association,  for  the 
disposal  of  the  lands  to  which  the  said  terms  of  purchase 
and  pasturage  relate,  so  far  as  the  same  are  still  in  force 
as  aforesaid,  and  for  varying  from  time  to  time  such  regula- 
tions, with  such  consent  by  or  on  behalf  of  the  said  Asso- 
ciation as  in  any  such  charter  or  instructions  shall  be 
specified,  and  for  fixing  the  boundaries  thereof,  and  for 
enabling  the  said  Association  to  transfer  its  powers  to  the 
Provincial  Council  for  the  Province  of  Otago:  Provided 
always,  that  no  such  charter  shall  be  granted  or  have  effect 
for  any  longer  term  than  ten  years  from  the  passing  of 
this  Act;  but  one  of  Her  Majesty's  principal  Secretaries 
of  State  may  at  any  time  during  the  term  for  which  such 
charter  shall  be  granted,  by  writing  under  his  hand,  extend 
the  term  for  which  such  charter  shall  have  been  granted 
for  such  further  time  as  in  his  discretion  he  may  think  fit: 
Provided  always,  that  it  shall  not  be  lawful  for  Her  Maj- 
esty, by  any  such  regulations  as  aforesaid,  to  diminish 
the  sum  now  payable  to  the  New  Zealand  Company  in 
respect  to  all  waste  land  sold  under  the  said  terms  of 
purchase,  unless  with  the  consent  of  the  New  Zealand 
Company,  signified  as  hereinbefore  provided;  and  during 
the  continuance  of  such  charter  as  aforesaid,  it  shall  not 
be  lawful  for  the  said  General  Assembly  to  repeal  or 
interfere  with  any  such  regulations  respecting  lands  in 
Otago,  except  with  such  consent  by  or  on  behalf  of  the 
Otago  Association  as  in  any  such  charter  or  instructions 
may  be  provided,  and    (so  far  as  the  rights  of  the  New 


NEW  ZEALAND  109 

Zealand  Company  may  be  affected)  with  the  consent  of 
such  Company  signified  as  hereinbefore  provided;  and 
every  bill  which  shall  repeal  or  interfere  with  any  such 
regulations  shall  be  reserved  for  the  signification  of  Her 
Majesty's  pleasure  thereon. 

LXXIX.  It  shall  be  lawful  for  Her  Majesty,  by  any 
such  letters  patent  as  aforesaid,  or  instructions  under  Her 
Majesty's  signet  and  sign  manual,  or  signified  through  one 
of  Her  Majesty's  principal  Secretaries  of  State,  to  delegate 
to  the  Governor  any  of  the  powers  hereinbefore  reserved 
to  Her  Majesty  respecting  the  removal  of  Superintendents 
of  provinces,  and  the  regulation  of  the  sale,  letting,  dis- 
posal, and  occupation  of  waste  lands,  the  establishment  of 
municipal  corporations,  and  the  preservation  of  aboriginal 
laws,  customs,  and  usages. 

LXXX.  In  the  construction  of  this  Act  the  term 
"  Governor "  shall  mean  the  person  for  the  time  being 
lawfully  administering  the  Government  of  New  Zealand; 
and  for  the  purposes  of  this  Act  "  New  Zealand  "  shall 
be  held  to  include  all  territories,  islands  and  countries 
lying  between  thirty-three  degrees  of  south  latitude  and 
fifty  degrees  of  south  latitude,  and  one  hundred  and 
sixty-two  degrees  of  east  longitude  and  one  hundred 
and  seventy-three  degrees  of  west  longitude  reckoning 
from  the  meridian  of  Greenwich. 

LXXXI.  This  Act  shall  be  proclaimed  in  New  Zea- 
land by  the  Governor  thereof  within  six  weeks  after  a 
copy  of  such  Act  shall  have  been  received  by  such  Gover- 
nor, and,  save  as  herein  expressly  provided,  shall  take 
effect  in  New  Zealand  from  the  day  of  such  proclamation 
thereof. 

LXXXII.    The  proclamation  of  this  Act,  and  all  proc- 


110     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

lamations  to  be  made  under  the  provisions  thereof,   shall 
be  published  in  the  New  Zealand  Government  Gazette. 

Schedule  referred  to  in  the  foregoing  Act. 

Governor    £2,500 

Chief  Justice    1,000 

Puisne  Judge    800 

Establishment  of  the  General  Government 4,700 

Native   Purposes    7,000 

£16,000 


DESPATCH    FROM    THE    COLONIAL    SECRE- 
TARY   TO    THE    ACTING    GOVERNOR    IN 
NEW     ZEALAND     AUTHORIZING     THE 
ESTABLISHMENT   OF   RESPONSIBLE 
GOVERNMENT  x 

December  8,  1854 

I  have  to  acknowledge  your  despatches  of  the  numbers 
and  dates  specified  in  the  margin,  reporting  the  proceed- 
ings which  have  taken  place  in  the  General  Assembly  of 
New  Zealand  on  the  subject  of  the  future  Executive  Gov- 
ernment of  the  Colony. 

As  regards  the  most  important  portion  of  that  subject, 
I  have  taken  the  earliest  opportunity  of  informing  you 
that  Her  Majesty's  Government  have  no  objection  what- 
ever to  offer  to  the  establishment  of  the  system  known 
as  responsible  government,  in  New  Zealand.  They  have 
no  reason  to  doubt  that  it  will  prove  the  best  adapted 
for  developing  the  interests  as  well  as  satisfying  the 
wishes  of  the  community.  Nor  have  they  any  desire 
to  propose  terms,  or  to  lay  down  restrictions  on  your 
assent    to    the    measures    which    may    be    necessary    for 

i  Commons  Papers,  1854-55,  vol.  38,  No.  160,  p.  39. 


NEW  ZEALAND  111 

that  object,  except  that  of  which  the  necessity  appears 
to  be  fully  recognised  by  the  General  Assembly,  namely, 
the  making  provision  for  certain  officers  who  have  ac- 
cepted their  offices  on  the  equitable  understanding  of  their 
permanence,  and  who  may  now  be  liable  to  removal.  The 
only  officers  mentioned  in  your  despatches  as  likely  to  fall 
within  this  category,  are  the  Colonial  Secretary  and  Treas- 
urer, and  the  Attorney  General,  nor  am  I  myself  aware  of 
any  others;  but  I  do  not  wish  to  fetter  your  discretion, 
if  further  consideration  makes  it,  in  your  opinion,  desirable 
to  alter  the  list. 

Should  the  arrangements  made  for  this  purpose  be  in 
your  judgment  satisfactory,  you  are  authorized  to  admit 
at  once  the  new  holder  of  office  under  the  responsible 
system,  reporting  their  names  for  confirmation  in  the  usual 
manner.  There  will  be  no  occasion,  on  this  supposition, 
for  a  further  reference  to  the  home  Government  before 
the  change  is  carried  into  effect.  But  if  the  arrangements 
proposed  should  not  meet  your  approval,  which  I  trust 
will  not  be  the  case,  the  appeal  to  the  home  Government 
for  ultimate  decision  will  be  unavoidable. 

The  preliminary  steps  for  the  introduction  of  responsible 
government  being  thus  few  and  plain,  I  do  not  understand 
the  opinion  which  some  portions  of  this  correspondence 
appear  to  convey,  and  which  is  supported  by  the  language 
of  your  address  of  31st  August,  that  legislative  enact- 
ment by  the  General  Assembly  is  required  to  bring  the 
change  into  operation.  In  this  country  the  recognised 
plan  of  Parliamentary  government,  by  which  Ministers 
are  responsible  to  Parliament,  and  their  continuance  in 
office  practically  depends  on  the  votes  of  the  two  Houses, 
rests  on  no  written  law,  but  on  usage  only.  In  carrying 
a  similar  system  into  effect  in  the  North  American  Colon- 


112      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

ies  legislation  has  indeed  been  necessary,  to  make  a  bind- 
ing arrangement  for  the  surrender  by  the  Crown  of  the 
territorial  revenues,  which  has  generally  formed  part  of 
the  scheme,  and  for  the  establishment  of  a  civil  list,  but 
not  for  any  other  purpose.  In  New  Zealand  the  terri- 
torial revenue  has  already  been  ceded  to  the  Assembly, 
and  Her  Majesty's  Government  have  no  terms  to  propose 
with  reference  to  the  civil  list  already  established.  Unless, 
therefore,  there  are  local  laws  in  existence  which  would  be 
repugnant  to  the  new  system,  legislation  seems  uncalled 
for,  except  for  the  very  simple  purpose  of  securing  their 
pensions  to  retiring  officers;  and  if  uncalled  for,  such 
legislation  is  objectionable,  because  the  laws  so  enacted 
would  probably  stand  in  the  way  of  the  various  partial 
changes  which  it  might  be  necessary  to  adopt  in  the  de- 
tails of  a  system  in  its  nature  liable  to  much  modification. 

The  shortness  of  the  time  at  my  command,  as  I  am 
anxious  to  answer  your  despatches  by  the  present  mail, 
prevents  me  from  entering  on  the  details  of  the  narrative 
contained  in  your  despatches;  nor,  indeed,  does  there  ap- 
pear any  necessity  for  my  doing  so;  I  am  satisfied  that 
you  acted  to  the  best  of  your  judgment  under  the  circum- 
stances in  which  you  were  placed;  and  it  gives  me  much 
pleasure  to  find  that  the  ultimate  result  of  the  deliberations 
of  the  General  Assembly  has  been  the  adoption  of  the 
ordinary  and  most  satisfactory  course,  namely,  that  of 
referring  the  question  of  responsible  government  to  Her 
Majesty's  Minister  for  complete  adjustment,  instead  of 
putting  it  partially  in  practice,  and  leaving  some  important 
question  bearing  on  it  undecided. 

There  are  passages  in  your  address  already  referred  to, 
of  31st  August,  to  the  General  Assembly,  after  its  pro- 
rogation, to  which  I  feel  it  my  duty  shortly  to  advert. 


NEW  ZEALAND  113 

You  appear  in  that  address  to  have  especially  called  the 
attention  of  the  Assembly  to  the  expediency  of  legislation 
on  a  subject  upon  which  they  could  not,  by  the  constitu- 
tion, legislate  at  all;  I  refer  to  the  proposal  for  rendering 
the  Legislative  Council  elective.  It  is  also  extremely 
doubtful  whether  the  proposed  measure  for  authorizing  the 
superintendents  to  dissolve  Provincial  Councils,  a  function 
reserved  by  section  13  of  the  Constitutional  Act  to  the 
Governor,  is  within  the  powers  of  the  General  Assembly. 
So,  too,  the  constituting  Auckland  as  a  separate  govern- 
ment, under  a  Lieutenant  Governor,  and  with  exclusive 
powers  of  legislation,  if  I  rightly  understand  what  is 
meant  by  the  proposal,  is  also  a  measure  which  it  would 
be  beyond  the  power  of  that  body  to  carry  into  execution. 
You  appear  also  to  propose  the  foundation  of  a  new 
federal  convention  (apart  from  the  General  Assembly), 
which  would  be  an  innovation  irreconcilable  with  the 
existing  fundamental  law. 

I  do  not  now  enter  on  the  question  of  the  expediency 
of  these  several  schemes,  but  I  am  anxious  to  call  your 
attention  to  the  inconvenience  of  inviting  the  Legislature 
to  originate  measures  to  which  the  Crown  could  not  assent, 
as  such  assent  would  be  invalid. 

The  views  of  Her  Majesty's  Government  on  these 
points  will  be  communicated  to  the  Governor,  who  will,  I 
hope,  shortly  proceed  to  New  Zealand,  but  as  you  have 
yourself  conducted  the  proceedings  reported  in  your  pres- 
ent despatches,  and  I  am  very  desirous  to  avoid  unneces- 
sary delay,  I  have  no  hesitation  in  authorising  you  to  act 
in  person  on  my  present  instructions. 


114      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


REPORT    OF    THE    ACTING    GOVERNOR    ON 
RECEIPT  OF  THE  FOREGOING  DESPATCH  » 

May  31,  1855 

Having  consulted  my  Executive  Council  as  regards  the 
steps  most  advisable  to  pursue  in  order  to  carry  out  re- 
sponsible Government  in  this  Colony,  I  have  now  the 
honor  to  enclose  for  your  information  an  extract  from  the 
minutes  of  the  Council,  as  well  as  the  Gazette,  containing 
a  copy  of  a  circular  addressed  to  the  members  of  the 
General  Assembly,  by  which  you  will  perceive  I  have 
decided  on  meeting  that  body  on  the  day  appointed,  viz., 
the  5th  July  next,  for  the  purpose  of  bringing  forward  a 
bill,  of  the  nature  required  by  your  despatch,  No.  39,  of 
the  8th  December  1854,  and  of  making  provision  for  the 
public  service,  till  responsible  ministers  shall  have  had 
time  to  take  upon  themselves  the  government  of  the  coun- 
try, reserving  the  question  of  dissolution,  in  the  event  of 
its  being  found  advisable  to  give  the  constituency  an  op- 
portunity of  electing  members  under  the  new  form  of 
government,  when  in  all  probability  the  Governor  will 
have  arrived,  furnished  with  the  views  of  Her  Majesty 
on  the  points  adverted  to  in  your  despatch  above  quoted. 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  119. 


NEW  ZEALAND  115 


EXTRACT  FROM  THE  MINUTES  OF  THE 
EXECUTIVE  COUNCIL1 

May  25,  1855 

His  Excellency  the  Officer  administering  the  Govern- 
ment called  the  attention  of  the  Council  to  the  despatch, 
No.  39,  of  the  8th  December  1854'  respecting  responsible 
Government  for  New  Zealand,  and  requested  advice  as  to 
the  meeting  of  the  General  Assembly,  which  at  present 
stands  prorogued  to  the  5th  July  next. 

It  appeared  to  the  Council,  after  due  consideration,  that 
the  course  most  desirable  to  be  pursued  would  be  to  allow 
the  General  Assembly  to  meet  on  the  5th  July  next,  the 
day  to  which  it  was  prorogued,  to  submit  to  them,  then, 
simply,  two  bills,  one  the  necessary  preliminary  before 
"  responsible  government "  can  be  established,  and  the 
other  granting  the  continuation  of  die  expenditure,  upon 
the  present  estimates,  for  a  specified  period.  It  may  then 
become  a  question  whether  the  proper  course  will  not  be 
to  dissolve  the  Assembly,  to  afford  the  constituencies  an 
opportunity  of  electing  members  with  a  view  to  the  new 
form  of  government;  the  impression  is  that  it  would  be 
the  proper  course.  At  all  events,  a  prorogation  for  some 
time  will  be  required  to  enable  a  responsible  ministry  to 
make  the  necessary  preparations  to  meet  the  Assembly. 

1  Ibid.     Enclosure  in  the  foregoing  Report. 


116     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


CIRCULAR  TO  THE  MEMBERS  OF  THE 
GENERAL  ASSEMBLY1 

May  31,  1855 

Auckland,  31st  May  1855 
His  Excellency  the  Officer  administering  the  Govern- 
ment has  directed  that  the  following  circular,  addressed 
to  the  members  of  the  General  Assembly  in  the  Southern 
Provinces,  and  the  accompanying  despatch  from  the  Sec- 
retary of  State,  should  be  published  for  general  informa- 
tion: 

Circular 

By  command  of  his  Excellency  the  Officer  administering 
the  Government,  I  have  the  honor  to  inform  you  that 
Mr.  Carkeek,  the  Collector  of  Customs  at  Wellington,  has 
been  instructed  to  make  arrangements  for  the  conveyance 
of  yourself  and  other  Members  of  the  General  Assembly 
from  the  Southern  Provinces  to  Auckland,  for  the  ap- 
proaching session,  on  the  5th  of  July  next. 

Some  uncertainty  exists  as  to  the  means  of  conveyance 
that  may  be  available  for  that  purpose,  in  consequence  of 
the  proprietors  of  the  "  Nelson  "  steamer  having  declined 
to  renew  the  contract  for  continuing  steam  communication 
between  the  several  Provinces  of  the  Colony,  and  should 
the  Collector  of  Customs  at  Wellington  fail  to  procure 
the  required  means  of  conveyance  in  due  time,  or  should 
any  other  obstacle  arise  to  prevent  Members  of  the  Gen- 
eral Assembly  reaching  Auckland  at  the  time  appointed, 
I  have  to  inform  you  that  his  Excellency  will  be  prepared 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  119.  Announced  by  the  Colonial 
Secretary  in  Auckland  (enclosure  in  the  Report). 


NEW  ZEALAND  117 

to  prorogue  the  opening  of  the  session.  Mr.  Carkeek  has 
been  directed  to  inform  you  of  the  arrangements  alluded 
to  so  soon  as  they  are  completed. 

As  his  Excellency  conceives  that  it  may  be  convenient 
to  members  to  be  informed  of  the  course  which  his 
Excellency  proposes  to  pursue  on  the  opening  of  the 
Assembly,  I  have  the  honor  to  state,  that  it  is  his  Excel- 
lency's wish  that  responsible  government  should  be  estab- 
lished at  the  earliest  convenient  time,  and  with  that  view 
he  will  cause  to  be  laid  before  the  Assembly  a  bill  of  the 
nature  required  by  the  despatch  from  the  Secretary  of 
State  on  the  subject,  dated  8th  December  1854,  a  copy  of 
which  is  annexed.  The  only  other  business,  as  it  appears 
to  his  Excellency,  that  it  will  be  requisite  for  the  Assembly 
at  once  to  deal  with,  will  be  to  make  temporary  provision 
(probably  by  the  renewal  of  the  present  appropriations 
for  a  limited  period)  for  the  public  service  till  a  responsible 
ministry  shall  have  had  time  to  take  upon  themselves  the 
government  of  the  country,  and  be  enabled  to  meet  the 
Assembly  after  sufficient  time  shall  have  been  afforded 
for  the  requisite  preparation.  Having  disposed  of  these 
measures,  it  is  not  his  Excellency's  present  intention  to 
propose  any  other;  and,  in  order  to  afford  the  electors 
an  opportunity  of  choosing  members  with  a  view  to  the 
new  form  of  government,  his  Excellency  is  of  opinion 
that  the  dissolution  of  the  Assembly  ought  to  take  place 
immediately  afterwards.  Should  this,  however,  on  further 
consideration,  not  be  deemed  advisable,  it  still  appears  to 
his  Excellency  indispensable  that  the  Assembly  should  be 
prorogued  for  some  months,  in  order  that  the  responsible 
ministry  may  be  afforded  sufficient  time  to  make  themselves 
acquainted  with  the  affairs  of  the  Colony  and  to  prepare 
such  measures  as  they  may  deem  necessary  to  propose  to 
the  Assembly. 


118      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


REPORT    OF    THE    ACTING    GOVERNOR    ON 
OPENING  THE  GENERAL  ASSEMBLY1 

August  10,  1855 

Referring  to  my  despatch  of  the  5th  ultimo,  No.  77, 
I  now  do  myself  the  honor  of  enclosing,  for  your  in- 
formation, the  accompanying  copy  of  an  address  I  opened 
the  General  Assembly  with  on  the  day  appointed,  namely, 
the  8th  instant,  by  which  it  will  be  perceived  that  my  first 
desire  has  been  to  carry  out  the  instructions  from  the  Sec- 
retary of  State,  with  a  view  to  the  complete  establishment 
of  responsible  government  in  New  Zealand ;  and  then,  after 
securing  an  appropriation  of  the  revenue  for  so  long  as 
may  be  deemed  necessary,  to  leave  to  another  session  of  the 
General  Assembly,  as  soon  as  the  constituencies  shall  have 
had  an  opportunity  of  electing  those  in  whom  they  place 
confidence,  every  other  subject  involving  questions  of 
policy,  on  which  his  Excellency  Colonel  Gore  Browne 
will,  no  doubt,  be  furnished  with  instructions. 


ADDRESS    OF    THE    ACTING   GOVERNOR    IN 
OPENING  THE  GENERAL  ASSEMBLY2 

August  8,  1855 

Honorable   Gentlemen   of   the   Legislative   Council,    and 
Gentlemen  of  the  House  of  Representatives. 
When  I  prorogued  the  General  Assembly  of  New  Zea- 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  135. 

2  Ibid.,  p.  136.     Enclosure  in  the  Report  of  August  10. 


NEW  ZEALAND  119 

land  in  the  month  of  September  last,  I  did  not  then  en- 
tertain an  expectation  that  it  would  become  my  duty  to  be 
present,  in  the  same  capacity,  at  the  opening  of  another 
session. 

It  is,  however,  a  source  of  great  satisfaction  to  me  that 
it  has  pleased  Her  Majesty  to  permit  me  to  continue  in 
the  Government  of  this  Colony  sufficiently  long  to  see  the 
accomplishment  of  that  ample  measure  of  self-government 
which  this  Assembly,  and  I  believe  the  colonists  in  gen- 
eral, have  so  ardently  desired. 

Whatever  may  have  been  the  differences  of  opinion 
during  the  former  sessions  of  this  Assembly,  as  to  the 
time  or  the  manner  of  introducing  without  reserve,  "min- 
isterial responsibility"  in  the  conduct  of  the  legislative 
and  executive  proceedings  of  the  Government,  we  were 
all,  I  feel  assured,  sincerely  anxious  that  the  colonists  of 
New  Zealand  should  have  conferred  on  them,  without 
unnecessary  delay  the  advantages  of  that  form  of  govern- 
ment in  its  integrity. 

At  the  close  of  the  session  it  became  my  duty  to  transmit 
to  the  Secretary  of  State  the  representations  which  I  had 
received  praying  for  the  establishment  of  responsible  gov- 
ernment, and  it  afforded  me  much  gratification  to  add  my 
earnest  recommendation  in  favor  of  granting  that  which 
I  believe  will  be  highly  conducive  to  the  welfare  and  ad- 
vancement of  the  Colony. 

On  its  being  communicated  to  me  that  Her  Majesty's 
Imperial  Government  had  complied  with  our  wishes,  I  took 
the  earliest  opportunity  of  making  known  that  fact  to  the 
Colony  by  the  publication  in  the  "Government  Gazette" 
of  an  extract  from  the  Secretary  of  State's  despatch,  and 
since  then  I  have  placed  in  your  hands  a  copy  of  that 
despatch,  in  order  that  you  might  be  made  aware  of  the 


120      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

preliminary  measures  which  are  required  to  be  taken  by 
the  General  Assembly,  and  of  the  views  of  Her  Majesty's 
Government  on  the  subject. 

Gentlemen  of  the  Assembly, 

It  now  rests  with  you  to  take  the  next  step ;  on  my  part 
I  can  assure  you  that  whatever  remains  to  be  done  by  me 
for  the  complete  and  satisfactory  establishment  of  re- 
sponsible government,  will,  without  hesitation,  be  most 
cheerfully  performed. 

I  do  not  anticipate  that  the  present  session  need  be  a 
protracted  one.  Legislation  on  important  subjects,  not  at 
the  same  time  urgent,  will  not,  it  appears  to  me,  be  desir- 
able in  our  present  state  of  transition. 

It  has  been  communicated  to  me  by  the  Secretary  of 
State  for  the  Colonies,  that  I  may  shortly  expect  my  suc- 
cessor in  the  Government,  and  it  has  also  been  intimated 
to  me  that  he  has  been  placed  in  possession  of  the  views 
of  Her  Majesty's  Imperial  Government  on  several  of  the 
most  important  subjects  which  engaged  the  attention  of 
this  Legislature  during  its  former  sessions.  Not  only  these 
subjects,  but  indeed  every  other  involving  any  important 
question  of  policy,  would,  I  think,  be  more  properly  dealt 
with  after  the  Executive  Government  of  the  country  shall 
have  passed  into  the  hands  of  those  with  whom  will  rest 
the  responsibility  of  administering  the  laws  which  shall  be 
enacted. 

In  the  present  position  of  the  affairs  of  the  Colony,  the 
most  suitable  course,  as  it  appears  to  me,  would  be  to 
limit  the  business  of  the  session  to  what  is  absolutely  neces- 
sary to  be  done,  and  that  another  session  of  the  General 
Assembly  should  be  held  as  soon  as  the  constituencies  shall 


NEW  ZEALAND  121 

have  had  an  opportunity  of  electing  those  in  whom  they 
place  confidence,  and  the  ministry  which  shall  be  formed 
shall  have  been  enabled  to  make  due  preparation  for  meet- 
ing the  Legislature. 

Entertaining  these  views,  it  is  my  intention  to  lay  before 
you  only  two  measures  for  your  consideration;  the  one, 
of  the  nature  indicated  by  the  Secretary  of  State's  des- 
patch, with  a  view  to  the  complete  establishment  of  re- 
sponsible government;  and  the  other,  for  the  appropriation 
of  the  revenue  for  so  long  as  may  be  deemed  necessary  to 
afford  a  responsible  ministry  time  to  lay  their  financial 
policy  before  the  Assembly. 

I  am  not  aware  that  there  is  any  other  business  so  urgent 
as  to  demand  immediate  attention,  or  indeed  that  would 
not  be  better  left  to  be  disposed  of  after  the  contemplated 
changes  in  the  Government  shall  have  taken  place. 

I  trust,  Gentlemen  of  the  Assembly,  I  need  hardly  as- 
sure you  that,  during  the  short  time  it  yet  remains  for 
me  to  administer  the  Government  of  this  Colony,  I  shall 
feel  it  a  pleasure,  as  well  as  my  duty,  to  afford  my  humble 
but  earnest  cooperation  in  all  measures  calculated  to  pro- 
mote the  welfare  and  happiness  of  both  races  of  Her 
Majesty's  subjects. 


REPORT  OF  THE  ACTING  GOVERNOR  UPON 

THE   RECEPTION    OF   HIS    ADDRESS    BY 

THE  GENERAL  ASSEMBLY1 

August  11,  1855 

I  have  the  honor  to  transmit  herewith  the  accompany- 
ing  copies   of   the   replies    received    from    the   Legislative 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  138. 


122      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Council    and    House    of    Representatives    to    my    opening 
address. 

2.  As  the  tenor  of  these  replies  is  in  unison  with  the 
views  I  proposed,  and  as  they  convey  concurrence  with  the 
steps  taken  for  the  preservation  of  peace  at  New  Plym- 
outh, I  trust  they  may  prove  more  than  ordinarily  ac- 
ceptable to  your  Lordship,  and  bear  me  out  with  the 
authorities  at  home  in  the  arrangements  I  have  made  under 
such  very  peculiar  and  trying  circumstances.1 


REPLY  OF  THE  LEGISLATIVE  COUNCIL  TO 
THE  ADDRESS2 

August  11,  1855 

May  it  please  your  Excellency, 

We,  the  Legislative  Council  of  New  Zealand,  in  reply 
to  the  speech  with  which  your  Excellency  has  opened  the 
third  session  of  the  General  Assembly,  beg  respectfully 
to  assure  you  of  our  continued  desire  to  afford  your  Ex- 
cellency every  cooperation  and  support  so  long  as  your 
Excellency  may  be  called  upon  to  administer  the  Govern- 
ment of  New  Zealand. 

As  regards  the  principle  of  responsible  government, 
which  your  Excellency  informs  us  will  shortly  come  into 
operation,  we  feel  grateful  that  Her  Majesty  has  been 
graciously  pleased  to  accede  to  the  prayer  of  the  Legis- 
lature, and  has  sanctioned  the  introduction  of  that  element 
in  all  its  integrity  into  the  Government  of  the  Colony. 

i  The  Acting  Governor  had  attempted  to  establish  ministerial  government  in 
1854  to  meet  the  demands  of  the  colonists  but  was  unsuccessful  because  of  inade- 
quate powers;  cf.,  Commons  Papers,  1854-55,  vol.  38,  No.  160,  pp.  1-38,  41-42. 

2  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  138.  Enclosure  in  the  Report 
of    August    11. 


NEW  ZEALAND  123 

We  beg  to  assure  your  Excellency  that  we  shall  be 
prepared  to  afford  our  aid  towards  its  complete  and 
satisfactory  establishment. 

••••••♦ 

In  conclusion,  your  Excellency  may  be  assured  that  we 
shall  be  prepared,  as  heretofore,  to  afford  our  careful 
attention  to  any  measures  that  may  be  submitted  for  our 
consideration  in  the  course  of  the  session. 


REPLY  OF  THE  HOUSE  OF  REPRE- 
SENTATIVES * 

August  11,  1855 

We,  the  Commons  of  New  Zealand,  assembled  in  their 
House  of  Representatives,  have  received  with  sentiments 
of  high  respect  the  speech  addressed  to  us  by  your  Ex- 
cellency at  the  opening  of  the  present  session. 

We  desire  to  convey  to  your  Excellency  our  acknow- 
ledgements for  the  efforts  made  by  you  towards  obtaining 
from  the  Imperial  authority  the  establishment  of  respon- 
sible government  for  this  Colony. 


i  Ibid.    Enclosure  in  the  Report  of  August  11. 


124     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


REPORT    OF    THE    GOVERNOR    UPON    THE 

DISSOLUTION  OF  THE   GENERAL 

ASSEMBLY  ■ 

September  18,  1855 

The  business  of  the  third  session  of  the  General  Assem- 
bly having  come  to  a  close,  I  now  do  myself  the  honor 
of  transmitting  for  your  Lordship's  information  a  copy  of 
the  address  I  delivered  to  that  body,  on  Saturday  the  15th 
instant. 

2.  Having  been  advised  by  my  Executive  Council  that 
a  dissolution  of  the  House  of  Representatives  was  very 
desirable,  if  not  imperative,  in  consequence  of  the  number 
(fifteen)  of  seats  vacated,  I  acted  on  that  advice,  and  dis- 
solved it  by  proclamation  as  enclosed. 


ADDRESS  OF  THE  GOVERNOR  TO  THE  LEG- 
ISLATIVE COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES  2 

September  15,  1855 

I  consider  myself  fortunate  in  having  arrived  in  New 
Zealand  at  a  time  when  the  General  Assembly  is  in  ses- 
sion, as  it  affords  me  an  opportunity  of  stating  the  views 
I  entertain  on  certain  subjects. 

The  communication,  which  I  took  the  earliest  opportun- 
ity of  laying  before  the  two  Houses,  will  have  satisfied 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  149. 
2  Ibid.    Enclosure  in  the  Report  of  September  18. 


NEW  ZEALAND  125 

you  that  it  is  the  desire  of  Her  Majesty's  Government 
that  this  Colony  shall  enjoy  the  fullest  measure  of  self- 
government  which  is  consistent  with  its  allegiance  to  the 
British  Crown.  Nor  are  these  sentiments  confined  to  any 
particular  party  in  the  Imperial  Parliament,  but  are  shared 
in  by  those  who  differ  on  most  other  subjects. 

Animated  by  the  same  feeling,  I  am  prepared  to  carry 
out  in  its  integrity  the  principle  of  ministerial  responsi- 
bility, being  convinced  that  any  other  arrangement  would 
be  ineffective  to  preserve  that  harmony  between  the  legis- 
lative and  the  executive  branches  of  the  Government  which 
is  so  essential  to  the  successful  conduct  of  public  affairs. 

Entertaining  these  views,  it  will  be  my  object  to  secure, 
as  early  as  possible,  the  introduction  of  this  form  of  Gov- 
ernment, which  has  been  so  earnestly  solicited  by  the 
popularly  constituted  Legislature  of  this  Colony.  Indeed, 
the  public  interest  demands  that  the  present  state  of  tran- 
sition should  be  allowed  to  continue  no  longer  than  cir- 
cumstances peremptorily  require. 

As  soon  as  the  necessary  arrangements  have  been  made, 
I  shall  be  prepared  to  give  my  confidence  to  those  gentle- 
men who  possess  that  of  the  Legislature,  and  whenever 
changes  may  become  necessary,  I  shall  permit  neither 
private  interests  nor  private  friendships  to  influence  my 
public  conduct. 

Gentlemen  of  the  House  of  Representatives. 

I  have  much  pleasure  in  thanking  you  for  the  liberal 
provision  you  have  made  for  the  public  services,  and  you 
may  rest  assured  that  the  supplies  voted  shall  be  expended 
with  the  utmost  economy  consistent  with  efficiency. 


126     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Gentlemen  of  the  Assembly. 

Under  the  peculiar  circumstances  of  the  present  ses- 
sion, legislation  has  not  been  of  an  important  character. 

Questions  of  great  public  interest  have  not  been  dealt 
with;  these  have  been  rightly  deferred  until  they  can  be 
considered  by  a  Legislature  more  fully  attended,  and 
assisted  in  their  deliberations  by  a  responsible  Ministry. 

All  the  bills  which  have  been  passed  by  the  Assembly  I 
have  had  much  pleasure  in  assenting  to  on  behalf  of  Her 
Majesty,  and  I  trust  these  measures  will  be  found  to 
effect  beneficial  changes  in  the  law. 

In  the  position  in  which  I  now  am  it  would  be  impossible 
to  deal  satisfactorily  with  many  subjects  of  importance.  I 
shall  therefore  defer  all  matters  not  requiring  immediate 
attention  until  the  contemplated  change  in  the  Govern- 
ment shall  have  taken  place. 

In  the  exercise  of  the  power  conferred  upon  me  by  the 
Constitution  Act,  it  is  my  intention  to  dissolve  this  As- 
sembly without  delay. 

In  the  absence  of  any  measures  on  the  part  of  the 
General  Assembly  determining  otherwise,  the  next  session 
will  be  convened  and  held  in  Auckland,  as  soon  as  it  may 
be  convenient  to  the  members  from  the  distant  provinces 
to  leave  their  private  affairs. 

It  is  my  earnest  hope  and  belief  that  the  several  con- 
stituencies of  the  Colony,  duly  appreciating  their  responsi- 
bility, and  guided  by  an  all  wise  Providence,  will  exercise 
their  important  functions  in  the  manner  best  calculated  to 
secure  the  services  of  Representatives  who  will  efficiently 
aid  me  in  my  endeavors  to  develope  the  resources  of  the 
country,  to  elevate  the  moral  and  social  condition  of  its 
inhabitants,    to    preserve    that    perfect    civil    freedom    and 


•  NEW  ZEALAND  127 

religious  equality  which  is  now  enjoyed  by  all  classes  and 
denominations  of  Her  Majesty's  subjects,  and  by  these 
means  to  promote  the  happiness  and  increase  the  prosperity 
of  the  people  of  this  favored  Colony. 

I   now  prorogue   this   Assembly   until  the  first   day   of 
October  1855. 


REPORT   OF   THE    GOVERNOR   ON   OPENING 
THE  GENERAL  ASSEMBLY1 

April  18,  1856 

I  have  the  honor  to  forward  for  your  information 
the  address  with  which  I  opened  the  fourth  session  of  the 
General  Assembly  on  the  15th  instant. 


ADDRESS  OF  THE  GOVERNOR  TO  THE 
GENERAL  ASSEMBLY2 

April  15,  1856 

Honorable  Gentlemen  of  the  Legislative  Council,  and 
Gentlemen  of  the  House  of  Representatives. — 
Various  causes  prevented  the  last  Assembly  from  legis- 
lating on  many  subjects  materially  affecting  the  welfare 
of  the  Colony,  and  it  has  been  reserved  for  you  to  under- 
take that  important  duty. 

Questions  involving  numerous  conflicting  interests  re- 
main for  your  consideration  and  adjustment,  and  in  the 
solution  of  these  difficulties  an  arduous  task  awaits  you. 

To  enable  me  to  call  to  my  councils  advisers  possessing  the 
confidence  of  the  General  Assembly  is  naturally  a  subject 

i  Commons  Papers,  1860,  vol.  46,   No.  2719,  p.   197. 
2  Ibid.     Enclosure  in  the   Report  of  April   18. 


128      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

which  will  engage  your  earliest  attention.  This  may  be 
considered  the  corner  stone  on  which  all  other  legislation 
should  be  built;  and  I  now  repeat  in  the  most  explicit 
terms  the  assurance  which  I  gave  on  the  prorogation  of 
the  last  Assembly,  that  I  would  give  my  confidence  to  the 
gentlemen  who  possess  that  of  the  Legislature,  and  that 
whenever  changes  become  necessary  I  would  allow  no 
personal  feelings  to  influence  my  public  conduct. 

I  doubt  not  that  the  gentlemen  who  accept  from  you  a 
responsibility  conferring  such  an  honorable  distinction  on 
themselves  will  consign  to  forgetfulness  all  of  the  past 
which  has  no  reference  to  the  future;  that  they  will  arm 
themselves  with  a  determination  to  disregard  all  private 
interests,  and,  devoting  themselves  heart  and  soul  to  those 
of  New  Zealand,  they  will  declare  what  ought  to  be 
enacted  for  the  welfare  of  the  Colony  at  large. 

Such  conduct  will  ensure  respect  from  opponents  and 
the  esteem  of  Englishmen,  not  only  in  this  Colony  but 
throughout  the  Empire;  not  only  at  the  present  time  but 
in  the  future,  when  party  feelings  and  local  interests  have 
been  obliterated  or  forgotten,  and  history  records  the 
strength  or  weakness  of  those  who  guided  the  infant  steps 
of  a  great  country. 

If,  on  the  contrary,  the  men  chosen  for  this  honorable 
trust  should  prove  unequal  to  it,  looking  for  the  applause 
and  preferring  the  interests  of  a  party  or  a  province  to  that 
of  the  Colony  at  large,  then  will  the  power  they  are  unable 
to  wield  remain  but  a  moment  in  their  nerveless  grasp,  and, 
once  released,  it  will  oscillate  backward  and  forward  until 
seized  on  by  some  statesmen  worthy  of  their  adopted  coun- 
try, strong  in  the  rectitude  and  integrity  of  their  inten- 
tions, and  regardless  of  all  considerations  which  can  in  any 
way  hinder  the  progress  of  the  public  weal. 


NEW  ZEALAND  129 

Such  are  the  men  whose  counsel  I  desire,  and  by  whose 
advice  I  hope  to  be  guided. 

I  rely  entirely  on  your  patriotic  aid,  and  feel  assured 
that,  however  divided  you  may  be  by  political  or  party 
feelings,  your  best  efforts  will  always  be  directed  to  secure 
the  interests  of  the  inhabitants  of  this  country,  mindful 
that  their  welfare  depends  on  our  efficient  and  faithful 
exercise  of  the  powers  vested  in  us  by  the  Imperial  Gov- 
ernment. 

Gentlemen  of  the  Assembly. — 

Free  institutions,  deeply  graven  in  the  hearts  of  English- 
men, the  glory  of  the  British  nation,  framed,  amended, 
and  maintained  by  the  wisdom  and  perseverance  of  suc- 
cessive generations,  have  devolved  on  you  as  an  inheritance. 
To  them  we  owe  much  of  that  enterprise  and  independence 
which  have  been  and  are  the  characteristics  of  our  nation 
in  all  parts  of  the  world.  They  have  been  transplanted 
for  you  in  their  maturity,  and  their  broad  shadow  spreads 
already  over  this  favored  land. 

The  history  of  the  growth  of  these  institutions  during  a 
thousand  years  in  our  native  country  would  be  but  a  tale 
that  is  told,  and  the  retrospect  of  the  past  but  an  idle 
dream,  if  they  teach  us  no  lessons  of  wisdom.  May  we 
profit  by  them;  and  when  time  has  consigned  all  who  now 
hear  mer  to  the  stillness  of  the  grave,  and  children's  children 
have  succeeded  to  the  inheritance  of  their  fathers,  may 
those  who  will  then  review  the  acts  of  this  Assembly  feel 
for  you  that  admiration  and  esteem  which  we  cannot 
withhold  from  the  time-honored  men  to  whom  we  owe 
our  origin  and  our  laws. 


130     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


REPORT    OF  THE  GOVERNOR  ON  THE  ESTAB- 
LISHMENT OF  RESPONSIBLE 
GOVERNMENT  x 

April  30,  1856 

I  have  the  honor  to  inform  you  that  on  the  day  previous 
to  the  meeting  of  the  Assembly  on  the  15th  instant,  I 
addressed  the  accompanying  letter,  marked  No.  1,  to  Mr. 
Sewell,  who  is  the  senior  of  the  gentlemen  who  held  office 
on  similar  terms  during  the  first  session  of  the  Assembly, 
and  who  had  at  the  time  of  their  retirement  a  large  ma- 
jority in  their  favor.  Mr.  Sewell  accepted  the  invitation, 
and  I  then  placed  in  his  hands  the  "  minute "  marked 
No.  2.  Having  associated  with  him  Messrs.  Whitaker,  Bell, 
and  Tancred,  this  minute  was  discussed  and  explained  in 
a  "  memorandum,"  marked  No.  3.  Both  documents  were 
then  signed  and  agreed  to  by  Mr.  Sewell  and  Mr.  Whita- 
ker the  Attorney  General,  on  the  full  understanding  that 
the  terms  were  subject  to  alteration  and  amendment  by 
the  Secretary  of  State,  but  not  until  his  decision  shall  have 
been  received. 

2.  The  Assembly  having  been  prorogued  for  a  few 
days,  met  again  on  the  25th  instant,  when  I  addressed  to 
the  House  of  Representatives  a  message  (vide  enclosure 
No.  4.),  recommending  pensions  for  those  members  of  the 
Executive  Council  whose  retirement  is  a  necessary  pre- 
liminary to  the  formation  of  responsible  government. 

3.  On  the  motion  being  brought  forward  that  the  House 
should  enter  upon  the  consideration  of  this  message,  Mr. 
Sewell,  in  a  speech  of  considerable  length,  and  which  I 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  208. 


NEW  ZEALAND  131 

forward  as  reported  in  one  of  the  local  newspapers,  made 
a  statement  of  the  policy  of  the  Government  he  was  at- 
tempting to  form. 

4.  I  regret  that  the  immediate  departure  of  the  mail 
prevents  my  giving  you  further  information  on  this  subject 
than  that  the  "  Pension  Bill "  has  been  read  a  second  time, 
and  that  it  is  at  present  referred  to  a  Committee  of  the 
whole  House  for  the  purpose  of  deciding  what  amount 
of  pension  shall  be  granted  to  the  retiring  officers. 

5.  At  present  I  can  only  add  that  the  gentlemen  men- 
tioned above,  namely,  Henry  Sewell,  Frederick  Whitaker, 
Francis  Dillon  Bell,  and  Henry  John  Tancred,  Esquires, 
have  taken  the  prescribed  oaths  as  members  of  the  Ex- 
ecutive Council,  and  that  the  three  former  will,  as  soon  as 
the  "  Pension  Bill "  is  passed,  assume  the  several  offices 
of  Colonial  Secretary,  Attorney  General,  and  Colonial 
Treasurer.  Mr.  Tancred,  who  is  a  member  of  the  Legis- 
lative Council,  will  have  a  seat  in  the  Executive  Council, 
but  without  holding  office. 

6.  I  trust  that  by  the  next  mail  responsible  government 
will  have  been  fully  established,  and  that  I  shall  be  en- 
abled to  submit  satisfactory  arrangements  for  Her  Maj- 
esty's approval  and -confirmation. 

Enclosure  jSTo.  1 

Auckland,  April  14,  1856. 

The  Governor  presents  his  compliments  to  Mr.  Sewell. 
He  would  be  obliged  if  Mr.  Sewell  will  confer  with  him 
on  the  subject  of  a  responsible  ministry. 

Having  determined  on  maintaining  a  perfect  neutrality 
in  all  party  questions,  the  Governor  thinks  it  right  to  say 
that  he  makes  this  request  to  Mr.  Sewell,  having  been  one 


132     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

of  the  ministry  of  which  Mr.  Fitzgerald  (now  absent)  was 
the  chief,  and  which  possessed  the  confidence  of  the  As- 
sembly when  they  retired  from  office. 

Enclosure  No.  2 

April  15,  1856. 

The  view  the  Governor  takes  of  the  relation  between 
himself  and  his  responsible  advisers  is  as  follows : 

1st.  In  all  matters  under  the  control  of  the  Assembly, 
the  Governor  should  be  guided  by  the  advice  of  gentlemen 
responsible  to  that  body,  whether  it  is  or  is  not  in  accord- 
ance with  his  own  opinion  on  the  subject  in  question. 

2d.  On  matters  affecting  the  Queen's  prerogative  and 
imperial  interests  generally,  the  Governor  will  be  happy 
to  receive  their  advice,  but  when  he  differs  from  them  in 
opinion  he  will  (if  they  desire  it)  submit  their  views  to 
the  consideration  of  Her  Majesty's  Secretary  of  State, 
adhering  to  his  own  until  an  answer  is  received. 

Among  imperial  subjects  the  Governor  includes  all 
dealings  with  the  native  tribes,  more  especially  in  the 
negotiation  of  purchases  of  land. 

He  will  receive  and  act  on  the  advice  of  his  responsible 
advisers  in  reference  to  the  amount  of  money  they  may 
desire  to  have  expended  in  any  one  year  in  the  purchase 
of  land,  but  beyond  this  he  considers  himself  bound  to  act 
on  his  own  responsibility. 

The  Governor  alone  is  responsible  to  Her  Majesty  for 
the  tranquility  of  the  Colony,  which  would  be  endangered 
by  the  ordinary  and  inevitable  change  of  opinion  conse- 
quent on  a  change  in  his  advisers. 

It  follows  as  a  necessary  consequence  of  these  views,  that 
the  Chief  Land  Purchase  Commissioner  and  his  subordi- 
nates must  take  their  orders  from  the  Governor  alone. 


NEW  ZEALAND  133 

Before  giving  his  assent  to  Acts  passed  by  Provincial 
Councils  and  other  matters  of  a  legal  nature,  the  Governor 
will  require  the  annexed  certificate  from  the  Colonial  Sec- 
retary and  Attorney  General;  and  in  approving  appoint- 
ments to  vacant  offices,  he  will  require  to  be  assured  that 
the  gentlemen  recommended  are  fit  and  eligible  for  their 
respective  situations. 

Enclosure  No.  3 
Memorandum 

(a)  In  explanation  of  paragraph  No.  1,  the  Governor 
of  course  reserves  to  himself  the  same  constitutional  rights 
in  relation  to  his  ministers  as  are  in  England  practically 
exercised  by  the  Sovereign. 

(b)  In  further  explanation  of  the  same  paragraph,  he 
intends  by  the  term  "  matters  under  the  control  of  the 
Assembly,"  all  matters  whatever  relating  to  the  govern- 
ment of  the  Colony  not  referred  to  in  paragraph  No.  2. 

(c)  In  explanation  of  paragraph  No.  2,  the  Governor 
refers  to  clauses  19,  20,  and  21  of  the  royal  instructions 
accompanying  his  commission,  which  oblige  him  as  a 
general  rule  to  take  advice  in  all  matters  with  his  Execu- 
tive Council.  He  considers  such  rule  as  applying  to  the 
subject  referred  to  in  paragraph  No.  2,  and  he  will  not 
object  (having  the  Queen's  sanction  to  that  effect)  to 
limit  the  members  of  the  Executive  Council  to  his  re- 
sponsible ministers. 

(d)  In  explanation  of  the  4th  paragraph,  the  Gover- 
nor would  observe,  that  he  feels  no  objection  to  the  House 
of  Representatives  defining  the  specific  lands  to  be  pur- 
chased, it  being,  however,  understood,  that  it  is  not  to  be 


134     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

compulsory  on  the  Governor  to  make  purchases,  if  in  his 
opinion  political  reasons  render  it  inexpedient  to  do  so. 

Enclosure  No.  4 

Message 

The  Governor  transmits  to  the  House  of  Representa- 
tives for  their  consideration  the  draft  of  a  bill  to  provide 
for  the  retirement  of  certain  officers  of  the  Executive 
Government. 

The  object  of  this  bill  is  to  prepare  the  way  for  the 
introduction  of  responsible  government,  by  providing  for 
the  retirement  of  the  gentlemen  who  now  hold  the  offices  of 
Colonial  Secretary,  Attorney  General,  and  Colonial  Treas- 
urer, and  who  were  appointed  on  the  tacit  understanding 
that  they  would  be  permanent. 

The  Governor  does  not  propose  any  specific  amount  of 
pensions,  but  trusts  that  the  House  of  Representatives  will 
adopt  a  scale  of  compensation  somewhat  similar  to  that 
which  has  been  adopted  and  approved  in  other  British 
colonies. 

Should  the  bill  pass  into  law,  no  time  shall  be  lost  in 
carrying  it  into  effect. 


NEW  ZEALAND  135 

Enclosure  No.  5 

Pensions  Act 

In  the  nineteenth  year  of  the  reign  of  Her  Majesty 
Queen  Victoria. 

ANALYSIS 
Title 
Preamble 

1.  Governor  may  remove  from  office  A.  Sinclair,  W.  Swainson,  and  A.  Shepherd. 

2.  Annuities  to  be  paid  on  their  ceasing  to  hold  office. 

3.  To  be  paid  quarterly. 

4.  Out  of  general  revenue. 
Schedule. 

A   bill   to   provide    for    the   retirement    of   certain    officers    of    the    Executive 
Government. 

Whereas  the  offices  of  Colonial  Secretary,  Attorney 
General,  and  Colonial  Treasurer  of  New  Zealand  will  here- 
after be  held  by  officers  who  will  be  liable  from  time  to 
time  as  occasion  shall  require  to  retire  or  be  released  from 
office  on  political  grounds:  And  whereas  Andrew  Sinclair, 
Esq.,  the  Colonial  Secretary,  William  Swainson,  Esq.,  the 
Attorney  General  and  Alexander  Shepherd,  Esq.,  the  Co- 
lonial Treasurer,  the  present  holders  of  the  said  offices, 
were  respectively  appointed  thereto  on  the  equitable  under- 
standing that  their  tenure  of  the  same  would  be  permanent, 
and  it  is  therefore  just  that  a  suitable  provision  should 
be  made  for  them  on  their  retiring  or  being  released  there- 
from: Be  it  therefore  enacted  by  the  General  Assembly 
of  New  Zealand  as  follows: 

1.  Whenever  it  shall  appear  to  the  Governor  that  it 
would  be  expedient  on  political  grounds  that  the  said 
Andrew  Sinclair,  William  Swainson,  and  Alexander  Shep- 
herd, or  any  of  them,  should  cease  to  hold  office  as  afore- 
said, it  shall  be  lawful  for  the  Governor  to  remove  them 
or  him  therefrom. 


136     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

2.  To  every  of  them  the  said  Andrew  Sinclair,  William 
Swainson,  and  Alexander  Shepherd,  on  ceasing  to  hold 
office,  either  by  such  removal  or  by  resignation  of  office 
at  the  request  of  the  Governor,  there  shall  be  paid  an 
annuity  or  pension  for  the  term  of  his  natural  life  after 
the  rate  set  opposite  to  his  name  in  the  schedule  hereunto 
annexed. 

3.  The  said  annuities  or  pensions  shall  commence  on 
the  several  days  on  which  the  said  Andrew  Sinclair,  Wil- 
liam Swainson,  and  Alexander  Shepherd  shall  respectively 
cease  to  hold  office  as  aforesaid;  and  shall  be  paid  quar- 
terly, (that  is  to  say),  on  the  first  day  of  January,  the  first 
day  of  April,  the  first  day  of  July,  and  the  first  day  of 
October  in  every  year. 

4.  The  said  annuities  or  pensions  shall  issue  and  be 
paid  out  of  the  general  revenue  of  the  Colony  of  New 
Zealand,  and  the  acquittances  and  receipts  of  the  said 
Andrew  Sinclair,  William  Swainson,  and  Alexander  Shep- 
herd respectively,  or  of  such  person  or  persons  as  they 
shall  respectively  authorize  and  appoint  to  receive  the  same 
or  any  part  or  parts  thereof,  shall  be  good  and  sufficient 
discharges  for  the  amounts  therein  respectively  expressed 
to  be  paid. 

Schedule 

Andrew  Sinclair,  Colonial  Secretary    -     -    £ 

William  Swainson,  Attorney  General  -     -    £ 

Alexander  Shepherd,  Colonial  Treasurer  -    £ 


NEW  ZEALAND  137 


FURTHER    REPORT    ON    THE    ESTABLISH- 
MENT OF  RESPONSIBLE  GOVERNMENT  x 

May  8,  1856 

In  continuance  of  my  despatch,  No.  43,  of  the  30th 
ultimo,  I  have  the  honor  to  inform  you,  that  on  the  1st 
instant  the  House  of  Representatives  again  discussed  the 
"  Pension  Bill."  After  a  long  debate,  in  which  various 
indefinite  changes  were  proposed,  Mr.  Sewell  informed 
me  that  the  House  was  of  opinion  the  pensions  awarded 
should  be  one  half  of  the  respective  salaries  of  the  retiring 
officers.  I  then  gave  him  the  enclosed  memorandum  of 
my  opinion  on  the  subject,  which  he  read  to  the  House  on 
the  2d  instant;  after  which  the  accompanying  "Pension 
Bill "  was  passed  almost  unanimously,  and  in  a  manner 
very  gratifying  to  me  as  Her  Majesty's  representative. 

2.  The  Bill  having  been  affirmed  in  the  Legislative 
Council,  I  assented  to  it  on  the  7th  instant,  and  it  has  now 
become  law. 

3.  Consequent  on  the  above,  I  have  the  honor  to  report 
that  the  Colonial  Secretary,  Dr.  Sinclair,  and  the  Colonial 
Treasurer,  Mr.  Shepherd,  have  resigned  their  offices;  and 
that  on  the  same  day  (the  7th  instant)  Henry  Sewell, 
Esq.,  took  the  "  oath  of  office  "  as  Colonial  Secretary,  and 
Francis  Dillon  Bell,  Esq.,  that  of  Colonial  Treasurer. 

4.  Mr.  Swainson,  who  has  hitherto  held  the  office  of 
Attorney  General,  being  absent  on  leave  in  England,  I 
have,  with  the  advice  of  my  Executive  Council,  cancelled 
his  appointment,  and  issued  a  commission  to  Frederick 
Whitaker,  Esq.,  who,  as  a  responsible  adviser,  took  the  "  oath 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  211. 


138     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

of  office  "  as  Attorney  General  at  the  same  time  as  the  two 
gentlemen  mentioned  above. 

5.  The  difficulties  which  have  elsewhere  beset  the  intro- 
duction of  responsible  government  have  thus  been  happily 
removed;  and  I  beg  to  submit  the  above  arrangements  for 
Her  Majesty's  favorable  consideration  and  approval. 

Enclosure 
Memorandum 

I  have  read  Mr.  Sewell's  speech  carefully  (as  reported 
in  the  "Southern  Cross");  it  accurately  represents  my 
views  on  the  subject  of  the  pensions. 

Since  the  meeting  of  the  House,  I  have,  for  the  first 
time,  heard  definite  accusations  which  could  be  recognized 
against  the  gentlemen  whose  retirement  is  in  question. 

I  have  no  desire  to  shield  them  if  they  have  been  guilty 
of  malversation  of  office,  and  if  the  House  will  furnish  me 
with  sufficient  proof  thereof  I  will  recommend  the  Secretary 
of  State  to  remove  them  summarily  and  without  pension. 

Failing  any  proof  of  misconduct,  I  revert  to  the  terms 
stated  in  Mr.  Sewell's  speech. 

Having  reference  to  what  has  been  done  in  other  Austra- 
lian Colonies,  as  stated  by  Mr.  Sewell,  and  remembering 
that  those  gentlemen  are  called  on  to  retire,  not  for  their 
own  convenience,  but  for  that  of  the  public,  I  am  of  opinion 
that  their  retiring  pensions  should  not  be  less  than  two- 
thirds  of  their  salaries.  The  House  is  of  opinion  that  it 
should  be  one-half.  The  time  has  therefore  arrived  for  a 
reference  to  Her  Majesty's  Government. 

I  will  give  my  assent  to  the  Pension  Bill  if  it  assigns 
pensions  to  be  fixed  by  Her  Majesty's  Government  not  ex- 
ceeding two-thirds  of  their  present  salary. 


NEW  ZEALAND  139 

If  I  have  mistaken  my  instructions  the  error  will  thus  be 
rectified.  If  I  have  understood  them  correctly  an  uncon- 
ditional acceptance  of  other  terms  would  be  a  dereliction  of 
duty  on  my  part. 


BEGINNINGS  OF  RESPONSIBLE  GOVERN- 
MENT REPORTED  * 

May  21,  1856 

In  continuance  of  former  despatches  on  the  subject  of  the 
establishment  of  responsible  government,  I  have  the  honor 
to  acquaint  you,  that  on  the  4th  instant  Mr.  Sewell  informed 
me  that  in  consequence  of  an  adverse  vote  on  the  preceding 
day  he  desired  to  tender  his  own  resignation  and  that  of  his 
colleagues  in  office. 

2.  At  his  recommendation  I  then  sent  for  Dr.  Campbell, 
and  afterwards  for  Dr.  Featherstone,  the  former  having 
proposed  and  carried  an  amendment  adverse  to  Mr.  Sew- 
ell's  ministry,  and  the  latter  as  the  ostensible  leader  of  an- 
other section  of  the  opposition. 

3.  These  gentlemen  having  declined,  or  found  them- 
selves unable  to  assume  office,  Mr.  Sewell  and  his  col- 
leagues resumed  their  seats  in  the  Executive  Council. 

4.  On  the  14th  instant  Mr.  Fox  proposed  a  series  of 
resolutions,  which  were  approved  by  the  House  of  Repre- 
sentatives, and  as  they  are  declared  to  be  the  base  of 
future  legislation,  I  enclose  them  as  extracted  from  the 
"  Southern  Cross  "  newspaper.2  At  the  conclusion  of  the 
debate,  Mr.  Fox  moved  a  vote  of  non-confidence,  and  on 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  222. 

2  The  resolutions  dealt,  as  to  substance,  with  local  colonial  questions  solely. 


140     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

the  following  day  Mr.   Sewell   and  his   colleagues   again 
resigned  their  offices. 

5.  On  Tuesday  the  20th  I  held  an  Executive  Council, 
at  which  the  resignations  of  Messrs.  Sewell,  Whitaker, 
Bell,  and  Tancred  were  accepted,  and  Messrs.  Fox,  Hall, 
Brown,  and  W.  C.  Daldy  (the  latter  without  office)  sworn 
in  as  members  of  the  Council. 

6.  After  this  the  following  gentlemen  took  the  oaths 
for  the  respective  offices  set  opposite  to  their  names,  and 
I  beg  to  submit  these  appointments  for  approval  and  con- 
firmation : 

John  Hall,  Esq.,  Colonial  Secretary. 
William  Fox,  Esq.,  Attorney  General. 
Charles  Brown,  Esq.,  Colonial  Treasurer. 


FINAL  ESTABLISHMENT   OF  RESPONSIBLE 

GOVERNMENT  IN  NEW  ZEALAND 

REPORTED  ■ 

May  23,  1856 

In  reference  to  Lord  John  Russell's  despatch,  No.  1,  of 
May  11,  1855,  in  which  he  states  (paragraph  5),  "As 
soon  as  Her  Majesty's  Government  receive  intelligence  of 
the  establishment  of  responsible  government  in  New  Zea- 
land, I  will  cause  fresh  instructions  to  be  issued  omitting 
the  senior  military  officer  from  the  Executive  Council. 
Until  that  time  the  instructions  may  as  well  remain  un- 
altered," I  have  the  honor  to  inform  you  that  responsible 
government  has  been  fully  established  in  New  Zealand. 

2.    I  venture,  however,  to  request  that  the  decision  above 

i  Commons  Papers,  1860,  vol.  46,  No.  2719,  p.  224. 


NEW  ZEALAND  14] 

alluded  to  may  be  carefully  considered.  It  appears  to  me 
that  the  presence  of  the  officer  commanding  the  troops  is 
attended  with  many  advantages.  An  opinion  given  by  a 
person  acquainted  with  the  affairs  of  the  Colony,  and 
responsible  in  that  respect,  is  often  different  from  that 
which  would  be  given  by  a  military  officer  viewing  the 
subject  in  a  professional  light  only.  Of  this  I  have 
already  had  experience. 

3.  On  the  other  hand,  by  the  relations  established  be- 
tween myself  and  my  responsible  advisers,  it  is  understood 
that  questions  of  ministerial  policy  are  not  to  be  brought 
before  the  Executive  Council,  which  will  only  be  convened 
for  purposes  required  by  law  to  be  approved  in  Council, 
or  when  it  may  be  thought  necessary  to  hold  consultations 
unconnected  with  party  views. 

4.  It  should  also  be  remembered  that  the  senior  military 
officer  is  appointed  to  succeed  the  Governor  in  the  event 
of  his  death  or  removal. 


ABOLITION  OF  PROVINCES 

[39  Victoria,  No.  XXI  (N.  Z.)] 

1875 

An  Act  to  provide  for  the  abolition  of  provinces. 

Be  it  enacted  by  the  General  Assembly  of  New  Zea- 
land in  Parliament  assembled,  and  by  the  authority  of  the 
same,  as  follows: 

1.  The  short  title  of  this  Act  shall  be  "  The  Abolition 
of  Provinces  Act,  1875." 

2.  In  the  construction  of  this  Act  the  following  terms 
and  expressions  shall  have  the  meanings  hereby  respective- 
Iv  attached  to  them: 


142     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

"  Governing  body  "  means  and  includes  the  Council 
of  any  city  or  borough  constituted  under  "  The 
Municipal  Corporations  Act,  1867,"  and  the 
Council,  Board  of  Commissioners,  Board  of 
Wardens,  Trustees,  or  the  persons  or  body 
having  the  control  or  government  of  the  local 
affairs  of  any  city  town  or  place  under  any  of 
the  Acts  or  Ordinances  specified  in  the  fourth 
column  of  the  first  schedule  to  "  The  Muni- 
cipal Corporations  Act,  1867,"  or  the  person  or 
body  having  the  control  or  government  of  the 
local  affairs  of  any  other  city  town  or  place, 
and  also  the  Board,  Trustees,  Wardens,  or  the 
persons  or  body,  as  the  case  may  be,  having  the 
management,  control,  or  care  of  roads  or  high- 
ways in  any  road  district. 

"  Road  district "  means  and  includes  any  road  dis- 
trict, highway  district,  or  other  district  howso- 
ever denominated,  heretofore  constituted  under 
any  Act  of  the  General  Assembly  or  under 
any  provincial  enactment  in  force  at  the  date 
of  the  abolition  of  the  Province  within  which 
the  district  was  comprised,  or  that  may  here- 
after be  constituted  under  any  law  for  the  time 
being  in  force  providing  for  the  construction, 
control,  maintenance,  or  repair  of  highways. 

"  Municipality  "  means  and  includes  a  city  or  bor- 
ough constituted  under  "  The  Municipal  Cor- 
porations Act,  1867,"  and  any  city,  town,  or 
place  under  the  control  or  government  of  any 
Council,  Board  of  Commissioners,  Board  of 
Wardens,  Trustees,  or  other  persons  or  body 
under  any  of  the  Acts  or  Ordinances  specified 


NEW  ZEALAND  143 

in  the  fourth  column  of  the  first  schedule  to 
"  The  Municipal  Corporations  Act,  1867,"  or 
the  person  or  body  having  the  control  or  gov- 
ernment of  the  local  affairs  of  any  other  city 
town  or  place. 
"  Public  works  "  mean  and  include  branch  railways, 
tramways,  main  roads,  public  bridges  and  fer- 
ries on  main  roads,  docks,  quays,  piers,  wharves, 
and  harbor  works,  reclamation  of  land  from 
the  sea,  protection  of  land  from  encroachment 
or  destruction  by  sea  or  river. 

3.  The  second  section  of  the  Constitution  Act  is  hereby 
repealed,  and  the  Provinces  of  Auckland,  Hawke's  Bay, 
Taranaki,  Wellington,  Nelson,  Marlborough,  Westland, 
Canterbury,  and  Otago  shall  be  and  are  hereby  abolished. 

4.  The  portion  of  the  Colony  included  within  any  prov- 
ince abolished  hereunder  shall,  on  and  after  the  date  of 
the  abolition  thereof,  be  called  a  Provincial  District,  and 
bear  the  same  name  as  the  abolished  Province  which  it 
comprised. 

5.  Within  the  district  included  within  any  Province 
abolished  hereunder,  all  laws  in  force  therein  at  the  date 
of  the  abolition  of  such  Province  shall,  except  so  far  as  the 
same  are  expressly  or  impliedly  altered  or  repealed  by  this 
Act,  and  so  far  as  the  same  are  applicable,  continue  in 
force  in  such  district  until  altered  or  repealed  by  the 
General  Assembry. 

6.  Immediately  upon  the  abolition  hereunder  of  any 
Province,  and  without  any  proclamation  or  other  act  by 
the  Governor  or  otherwise,  the  person  who  was  then  in 
office  as  Superintendent  of  such  Province  shall  cease  to  hold 
such  office,  and  the  Provincial  Council  of  such  Province  shall 
be  dissolved,  and  there  shall  not  thereafter  be  any  election  of 


144     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

a  Superintendent  or  a  member  of  a  Provincial  Council  for 
the  district  theretofore  included  within  such  abolished  Prov- 
ince; and  all  laws  relating  to  the  election  of  Superintendents 
of  Provinces  and  members  of  Provincial  Councils  of  Prov- 
inces, and  to  legislation  by  Provincial  Councils,  shall,  im- 
mediately upon  the  abolition  hereunder  of  any  Province, 
cease  to  have  any  operation  or  effect  within  and  as  re- 
gards the  district  theretofore  included  within  such  abol- 
ished Province. 

7.  All  powers  duties  and  functions  which,  immediately 
before  the  date  of  the  abolition  hereunder  of  any  Province, 
were,  under  or  by  virtue  of  any  law  not  expressly  or  im- 
pliedly repealed  or  altered  hereby,  vested  in  or  to  be  exer- 
cised or  performed  by  the  Superintendnt  of  such  abolished 
Province,  either  alone  or  with  the  advice  and  consent  of 
or  on  the  recommendation  of  the  Executive  or  Provincial 
Council  of  such  province,  or  which,  by  virtue  of  "  The 
Public  Reserves  Act,  1854,"  or  any  Act  amending  the 
same,  or  by  virtue  of  any  Waste  Lands  Act  or  any  regu- 
lations made  thereunder,  or  otherwise  howsoever,  would 
but  for  this  Act  have  been  exercised  only  under  an  ordi- 
nance of  such  abolished  Province,  shall,  on  the  day  of  the 
date  of  the  abolition  of  such  Province,  and  for  the  purposes 
of  the  district  included  within  such  abolished  Province,  vest 
in  and  be  exercised  and  performed  by  the  Governor. 

Such  powers  duties  and  functions  may  be  exercised  or 
performed  by  the  Governor  as  regards  the  district  with 
respect  to  which  they  may  be  exercised  or  performed 
whether  the  Governor  is  for  the  time  being  within  such 
district  or  not. 

8.  All  powers  duties  and  functions  which,  immediately 
before  the  date  of  the  abolition  hereunder  of  any  Province 
are,  under  or  by  virtue  of  any  law  not  expressly  or  im- 


NEW  ZEALAND  145 

pliedly  repealed,  hereby,  vested  in  or  to  be  exercised  or 
performed  by  the  Provincial  Treasurer,  Provincial  Secre- 
tary, or  other  public  officer  of  such  abolished  Province, 
shall,  from  and  after  the  date  of  the  abolition  of  such 
Province,  and  for  the  purpose  of  the  district  included  within 
such  abolished  Province,  vest  in  and  be  exercised  or 
performed  by  any  person  or  persons  from  time  to  time 
appointed  for  the  purpose  by  the  Governor. 

9.  Except  as  hereinafter  provided,  all  lands  tenements 
goods  chattels  moneys  and  things  in  action,  and  all  real 
and  personal  property  whatever,  and  all  rights  and  in- 
terests therein,  which  immediately  before  the  date  of  the 
abolition  hereunder  of  any  Province  were  vested  in  or 
belonged  to  the  Superintendent  of  any  Province  as  such 
Superintendent,  shall,  on  the  date  of  the  abolition  thereof, 
vest  in  Her  Majesty  the  Queen  for  the  same  purposes  and 
objects,  and  subject  to  the  same  powers  and  conditions, 
as  those  for  and  subject  to  which  they  are  now  held  by  the 
S  up  er  intendent . 

All  revenues  and  moneys,  and  all  securities  for  such 
moneys,  which  on  the  date  of  the  abolition  of  any  Province 
may  be  the  property  of  or  invested  on  behalf  of  such 
Province,  shall  on  the  date  of  the  abolition  thereof  vest  in 
Her  Majesty  the  Queen. 

Provided  that  if  at  the  date  of  the  abolition  of  any 
Province  any  moneys  or  revenues  of  such  Province  shall 
have  been  specifically  set  apart,  and  shall  be  available  for 
public  works  or  other  purposes  within  such  Province,  or 
any  district  thereof,  such  moneys  or  revenues  shall  be 
applicable  to  such  purposes  accordingly. 

10.  Immediately  on  the  coming  into  operation  of  this 
Act,  all  real  and  personal  property  whatsoever  which  is 
vested  in  or  under  the  control  of  the  Superintendent  of  any 


146      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Province  comprised  within  any  provincial  district,  for 
grammar  and  common  school  purposes,  or  as  sites  for 
schools,  or  for  the  endowment  of  primary  education,  and 
all  lands  which  shall  have  been  or  may  hereafter  be  re- 
served and  set  apart  for  any  such  purposes  or  objects  as 
aforesaid,  under  any  Act  of  the  General  Assembly,  shall 
be  vested  in  the  Board  of  Education  constituted  under  any 
Act  or  Ordinance,  or  if  there  shall  be  more  than  one 
such  Board  in  a  provincial  district,  then  in  such  Board 
or  Boards  as  the  Governor  in  Council  shall  direct  or 
appoint. 

All  the  functions  and  duties  relating  to  such  property 
which,  immediately  before  the  date  of  the  coming  into 
operation  of  this  Act  were,  under  or  by  virtue  of  any 
Act  or  Ordinance  in  force  in  any  Province,  vested  in  the 
Superintendent  of  such  Province,  either  alone  or  acting 
with  the  advice  of  his  Executive  Council,  shall,  on  the 
coming  into  operation  of  this  Act,  be  performed  by  the 
Chairman  of  the  Board  of  Education,  in  whom  such  prop- 
erty shall  be  vested  as  aforesaid. 

All  lands  hereby  vested  in  a  Board  of  Education  shall, 
subject  to  any  leases  or  contracts  theretofore  lawfully 
entered  into  relating  to  the  same,  be  held  in  trust  for  the 
like  purposes  and  with  the  same  powers  that  the  same 
were  held  by  such  Superintendent  as  aforesaid  prior  to  the 
coming  into  operation  of  this  Act. 

11.  All  contracts  existing  immediately  before  the  date 
of  the  abolition  hereunder  of  any  Province,  and  all  actions 
suits  proceedings  and  things  begun  and  not  completed  at 
the  date  of  the  abolition  hereunder  of  any  Province,  of  by 
or  against  the  Superintendent  of  such  abolished  Province 
as  such,  shall  belong  and  attach  to  and  be  enforced  by  and 
against  Her  Majesty  the  Queen. 


NEW  ZEALAND  147 

12.  In  every  Act  of  the  General  Assembly,  except  such 
as  relate  to  the  election  of  Superintendents  and  Provincial 
Councils,  and  to  legislation  by  such  Councils  and  the  ap- 
pointment of  Deputy  Superintendents,  and  to  audit  of 
provincial  accounts,  and  matters  of  a  like  kind,  and  in 
every  Act  or  Ordinance  of  the  legislature  of  an  abolished 
Province,  the  words,  terms,  and  expressions  following  shall, 
with  regard  to  any  provincial  district,  include  the  meaning 
hereafter  attached  to  them;  that  is  to  say, 

(1)  The  word  "Province"  shall  include  "pro- 
vincial district,"  and  when  the  name  of  any 
abolished  Province  is  used,  or  any  Province  is 
otherwise  expressly  referred  to,  the  enactment 
shall  be  deemed  to  mean  and  apply  to  the 
provincial  district  of  that  name. 

(2)  The  word  "  Superintendent "  shall,  with  re- 
spect to  such  provincial  district,  mean  the  Gov- 
ernor, or  any  person  or  persons  whom  the 
Governor  may  from  time  to  time  appoint  to 
perform  those  duties,  and  exercise  those  powers 
which  might,  if  such  duties  and  powers  had  to 
be  performed  within  a  Province,  be  exercised 
or  performed  by  Superintendents  thereof. 

(3)  The  expression  "  Provincial  Gazette"  or 
"  Provincial  Government  Gazette"  or  other 
similar  expressions,  shall  be  deemed  to  mean 
"  The  New  Zealand  Gazette"  or  such  news- 
paper as  from  time  to  time  may  be  appointed 
by  the  Governor  for  the  purpose  of  inserting 
therein  notifications  of  any  kind  relating  to  the 
Government  of  the  Colony,  or  the  administra- 
tion of  government  within  any  provincial  dis- 
trict. 


148      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

13.  If  after  the  date  of  the  abolition  hereunder  of  any 
Province  the  services  of  any  officer  in  the  employment  of 
the  Government  of  the  Colony,  or  of  the  Provincial  Gov- 
ernment of  the  abolished  Province,  are  dispensed  with  in 
consequence  of  the  abolition  of  such  Province,  he  shall  be 
paid  out  of  the  ordinary  revenue  of  the  Colony  such  sum 
as  he  shall  be  entitled  to  under  the  terms  of  any  engage- 
ment with  the  Province  entered  into  previous  to  the  fif- 
teenth September,  one  thousand  eight  hundred  and  seven- 
ty-five, and  in  default  of  any  such  agreement,  then  for 
each  year  of  service  one  month's  salary,  according  to  the 
rate  payable  to  him  at  the  time  of  such  abolition. 


23.  Nothing  in  this  Act  contained  with  respect  to  the 
appropriation  or  division  of  the  land  fund  shall  be  deemed 
to  alter  or  affect  the  liability  of  the  Colony  to  the  public 
creditor,  or  to  affect  any  permanent  appropriation  of  or 
charges  upon  such  revenue  under  any  law  in  force  in  the 
Colony:  Provided  always  that,  on  and  after  this  Act 
coming  into  operation,  the  endowment  of  one-fourth  of 
the  land  revenue  of  the  Timaru  and  Gladstone  Board  of 
Works  shall  cease. 

24.  Whenever  under  any  Act  of  the  General  Assembly 
any  shire  shall  be  constituted,  such  shire  shall  for  the  pur- 
poses of  this  Act  be  deemed  to  stand  in  the  place  of  the 
several  road  districts  or  parts  of  road  districts  of  which 
such  shire  shall  be  composed,  and  after  the  constitution 
of  any  shire  all  moneys  which  under  this  Act  would  have 
been  payable  to  the  Road  Boards  of  which  such  shire  is 
composed  shall  be  paid  and  payable  to  the  governing  body 
of  the  shire. 


NEW  ZEALAND  149 

25.  (1)  Section  seventeen  of  the  Constitution  Act  is 
hereby  repealed. 

(2)  It  shall  not  be  lawful  for  the  Superintendent  of  any 
Province  to  convene  the  Provincial  Council  thereof,  or  for 
any  Provincial  Council  to  meet  in  session,  before  the  day 
next  after  the  last  day  of  the  first  session  of  the  next  or 
sixth  Parliament  of  New  Zealand. 

26.  No  contract  or  engagement  shall  be  made  or  en- 
tered into  after  the  thirtieth  day  of  September,  one  thou- 
sand eight  hundred  and  seventy-five,  by  the  Superintend- 
ent of  any  province  as  such  Superintendent,  for  the  con- 
struction of  any  railway  tramway  or  harbor  works,  with- 
out the  consent  of  the  Governor  in  Council. 

No  other  contract  or  engagement  shall  be  made  or 
entered  into  after  the  day  last  aforesaid  by  the  Superin- 
tendent of  any  province  as  aforesaid,  whereby  any  public 
money  amounting  in  the  whole  to  one  thousand  pounds  or 
upwards,  shall  or  may  become  payable,  unless  the  money 
required  to  meet  the  expenditure  to  be  thereby  incurred 
has  been  duly  appropriated  by  the  Legislature  of  the 
province,  and  the  Governor  shall  have  been  satisfied  prev- 
iously to  the  making  or  entering  into  such  contract  or 
engagement  that  the  provincial  revenue  receivable  before 
the  thirtieth  day  of  September,  one  thousand  eight  hundred 
and  seventy-six,  will  be  sufficient  to  meet  such  expenditure. 

27.  Until  the  day  next  after  the  last  day  of  the  first 
session  of  the  next  or  sixth  Parliament  of  New  Zealand, 
all  powers  duties  and  functions  which,  immediately  before 
the  passing  of  this  Act,  were  under  or  by  virtue  of  any 
law  vested  in  or  to  be  exercised  or  performed  by  the 
Superintendent  of  any  province  on  the  recommendation  or 
resolution  of  the  Provincial  Council  of  such  province, 
(under  any  law  or  ordinance  for  the  time  being  in  force,) 


150      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

shall  be  exercised  by  the  Superintendent,  with  the  consent 
of  the  Governor  in  Council. 

28.  Sections  twenty-five,  twenty-six,  and  twenty-seven 
and  this  section  of  this  Act  shall  come  into  operation  on 
the  day  on  which  it  is  assented  to  by  the  Governor  in  the 
name  and  on  behalf  of  Her  Majesty,  and  the  remaining 
sections  of  this  Act  shall  come  into  operation  on  the  day 
next  after  the  last  day  of  the  first  session  of  the  next 
or  sixth  Parliament  of  New  Zealand. 


PART  III 
CANADA 


HISTORICAL  RESUME 

In  1867  there  were  three  Provinces  in  continental  Canada  enjoying  responsible 
government  established  in  somewhat  the  same  manner  as  that  which  had  been 
observed  in  the  cases  of  Newfoundland  and  New  Zealand.  These  Provinces 
were  united  in  a  federal  government  by  British  Imperial  Statute,  provision  being 
made  for  an  increase  in  the  membership  of  the  federation.  The  Act  of  1867  has 
been  amended  by  Imperial  Statutes  from  time  to  time  since  its  passage.  The 
most  important  and  significant  of  these  Acts  were  passed  in  1871,  1875  and  1886. 


THE  BRITISH  NORTH  AMERICA  ACT 

[30  Victoria,  cap.  3] 

1867 

An  Act  for  the  union  of  Canada,  Nova  Scotia,  and  New 
Brunswick,  and  the  Government  thereof;  and  for  pur- 
poses connected  therewith. 

Whereas  the  Provinces  of  Canada,  Nova  Scotia,  and 
New  Brunswick  have  expressed  their  desire  to  be  federally 
united  into  one  Dominion  under  the  Crown  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  with  a  constitution 
similar  in  principle  to  that  of  the  United  Kingdom: 

And  whereas  such  a  union  would  conduce  to  the  welfare 
of  the  provinces  and  promote  the  interests  of  the  British 
Empire : 

And  whereas  on  the  establishment  of  the  union  by 
authority  of  Parliament  it  is  expedient,  not  only  that  the 
constitution  of  the  legislative  authority  in  the  Dominion  be 
provided  for,  but  also  that  the  nature  of  the  executive  gov- 
ernment therein  be  declared: 

And  whereas  it  is  expedient  that  provision  be  made  for 
the  eventual  admission  into  the  union  of  other  parts  of 
British  North  America: 

Be  it  therefore  enacted  and  declared  by  the  Queen's  most 
excellent  Majesty,  by  and  with  the  advice  and  consent  of 
the  Lords  spiritual  and  temporal,  and  Commons,  in  this 
present  Parliament  assembled,  and  by  the  authority  of  the 
same  as  follows: 


153 


154     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

I . — Preliminary 

1.  This  Act  may  be  cited  as  the  British  North  America 
Act,  1867. 

2.  The  provisions  of  this  Act  referring  to  Her  Majesty 
the  Queen  extend  also  to  the  heirs  and  successors  of  Her 
Majesty,  kings  and  queens  of  the  United  Kingdom  of  Great 
Britain  and  Ireland. 

II. — Union 

3.  It  shall  be  lawful  for  the  Queen,  by  and  with  the 
advice  of  Her  Majesty's  most  honorable  Privy  Council,  to 
declare  by  proclamation  that,  on  and  after  a  day  therein 
appointed,  not  being  more  than  six  months  after  the  pass- 
ing of  this  Act,  the  Provinces  of  Canada,  Nova  Scotia, 
and  New  Brunswick  shall  form  and  be  one  Dominion  under 
the  name  of  Canada;  and  on  and  after  that  day  those  three 
Provinces  shall  form  and  be  one  Dominion  under  that  name 
accordingly. 

4.  The  subsequent  provisions  of  this  Act  shall,  unless  it 
is  otherwise  expressed  or  implied,  commence  and  have  effect 
on  and  after  the  union,  that  is  to  say,  on  and  after  the  day 
appointed  for  the  union  taking  effect  in  the  Queen's 
proclamation;  and  in  the  same  provisions,  unless  it  is  other- 
wise expressed  or  implied,  the  name  Canada  shall  be  taken 
to  mean  Canada  as  constituted  under  this  Act. 

5.  Canada  shall  be  divided  into  four  Provinces,  named 
Ontario,  Quebec,  Nova  Scotia,  and  New  Brunswick.1 

6.  The  parts  of  the  Province  of  Canada  (as  it  exists  at 
the  passing  of  this  Act)  which  formerly  constituted  respec- 

i  The  following  additions  have  been  made  to  the  membership  of  the  confedera- 
tion: Manitoba,  1870;  British  Columbia,  1871;  Prince  Edward  Island,  1873; 
Alberta  and  Saskatchewan,  1905. 


CANADA  155 

tively  the  Provinces  of  Upper  Canada  and  Lower  Canada 
shall  be  deemed  to  be  severed,  and  shall  form  two  separate 
Provinces.  The  part  which  formerly  constituted  the  Prov- 
ince of  Upper  Canada  shall  constitute  the  Province  of  On- 
tario ;  and  the  part  which  formerly  constituted  the  Province 
of  Lower  Canada  shall  constitute  the  Province  of  Quebec. 

7.  The  Provinces  of  Nova  Scotia  and  New  Brunswick 
shall  have  the  same  limits  as  at  the  passing  of  this  Act. 

8.  In  the  general  census  of  the  population  of  Canada 
which  is  hereby  required  to  be  taken  in  the  year  one  thou- 
sand eight  hundred  and  seventy-one,  and  in  every  tenth 
year  thereafter,  the  respective  populations  of  the  four 
Provinces  shall  be  distinguished. 


*S' 


III. — Executive  Power 

9.  The  executive  government  and  authority  of  and  over 
Canada  is  hereby  declared  to  continue  and  be  vested  in  the 
Queen. 

10.  The  provisions  of  this  Act  referring  to  the  Governor 
General  extend  and  apply  to  the  Governor  General  for  the 
time  being  of  Canada,  or  other  the  chief  executive  officer  or 
administrator  for  the  time  being  carrying  on  the  govern- 
ment of  Canada  on  behalf  and  in  the  name  of  the  Queen,  by 
whatever  title  he  is  designated. 

11.  There  shall  be  a  council  to  aid  and  advise  in  the 
government  of  Canada,  to  be  styled  the  Queen's  Privy 
Council  for  Canada ;  and  the  persons  who  are  to  be  members 
of  that  Council  shall  be  from  time  to  time  chosen  and 
summoned  by  the  Governor  General  and  sworn  in  as  Privy 
Councillors,  and  members  thereof  may  be  from  time  to 
time  removed  by  the  Governor  General. 

12.  All  powers,  authorities  and  functions  which  under 


156     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

any  act  of  the  Parliament  of  Great  Britain,  or  of  the 
Parliament  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  or  of  the  legislature  of  Upper  Canada,  Lower 
Canada,  Canada,  Nova  Scotia,  or  New  Brunswick,  are  at 
the  union  vested  in  or  exercisable  by  the  respective  Gov- 
ernors or  Lieutenant  Governors  of  those  Provinces,  with 
the  advice,  or  with  the  advice  and  consent,  of  the  respective 
executive  councils  thereof,  or  in  conjunction  with  those 
councils,  or  with  any  number  of  members  thereof,  or  by 
those  Governors  or  Lieutenant  Governors  individually, 
shall,  as  far  as  the  same  continue  in  existence  and  capable 
of  being  exercised  after  the  union  in  relation  to  the  Govern- 
ment of  Canada,  be  vested  in  and  exercisable  by  the 
Governor  General,  with  the  advice,  or  with  the  advice  and 
consent,  of  or  in  conjunction  with  the  Queen's  Privy 
Council  for  Canada,  or  any  members  thereof,  or  by  the 
Governor  General  individually,  as  the  case  requires,  subject 
nevertheless  (except  with  respect  to  such  as  exist  under 
Acts  of  the  Parliament  of  Great  Britain  or  of  the  Parlia- 
ment of  the  United  Kingdom  of  Great  Britain  and  Ireland) 
to  be  abolished  or  altered  by  the  Parliament  of  Canada. 

13.  The  provisions  of  this  Act  referring  to  the  Governor 
General  in  council  shall  be  construed  as  referring  to  the 
Governor  General  acting  by  and  with  the  advice  of  the 
Queen's  Privy  Council  for  Canada. 

14.  It  shall  be  lawful  for  the  Queen,  if  Pier  Majesty 
thinks  fit,  to  authorize  the  Governor  General  from  time  to 
time  to  appoint  any  person  or  any  persons  jointly  or 
severally  to  be  his  deputy  or  deputies  within  any  part  or 
parts  of  Canada,  and  in  that  capacity  to  exercise  during 
the  pleasure  of  the  Governor  General  such  of  the  powers, 
authorities  and  functions  of  the  Governor  General  as  the 
Governor  General  deems  it  necessary  or  expedient  to  assign 


CANADA  157 

to  him  or  them,  subject  to  any  limitations  or  directions 
expressed  or  given  by  the  Queen;  but  the  appointment  of 
such  a  deputy  or  deputies  shall  not  affect  the  exercise  by 
the  Governor  General  himself  of  any  power,  authority,  or 
function. 

15.  The  command-in-chief  of  the  land  and  naval  militia, 
and  of  all  naval  and  military  forces,  of  and  in  Canada,  is 
hereby  declared  to  continue  and  be  vested  in  the  Queen. 

16.  Until  the  Queen  otherwise  directs,  the  seat  of  gov- 
ernment of  Canada  shall  be  Ottawa. 

IV. — Legislative  Power 

17.  There  shall  be  one  Parliament  for  Canada,  consist- 
ing of  the  Queen,  an  upper  house  styled  the  Senate,  and 
the  House  of  Commons. 

18.  The  privileges,  immunities,  and  powers  to  be  held, 
enjoyed,  and  exercised  by  the  Senate  and  by  the  House  of 
Commons,  and  by  the  members  thereof  respectively,  shall  be 
such  as  are  from  time  to  time  defined  by  Act  of  the  Parlia- 
ment of  Canada,  but  so  that  the  same  shall  never  exceed 
those  at  the  passing  of  this  Act  held,  enjoyed,  and  exercised 
by  the  Commons  House  of  Parliament  of  the  United  King- 
dom of  Great  Britain  and  Ireland  and  by  the  members 
thereof.1 

19.  The  Parliament  of  Canada  shall  be  called  together 
not  later  than  six  months  after  the  union. 

20.  There  shall  be  a  session  of  the  Parliament  of  Canada 
once  at  least  in  every  year,  so  that  twelve  months  shall  not 
intervene  between  the  last  sitting  of  the  Parliament  in  one 
session  and  in  its  first  sitting  in  the  next  session. 

i  Repealed  and  replaced  by  Act  of  1875,  as  given  below,  pp.  195-196. 


158     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 


THE    SENATE 

21.  The  Senate  shall,  subject  to  the  provisions  of  this 
Act,  consist  of  seventy-two  members,  who  shall  be  styled 
Senators.1 

22.  In  relation  to  the  constitution  of  the  Senate,  Canada 
shall  be  deemed  to  consist  of  three  divisions: 

1.  Ontario; 

2.  Quebec; 

3.  The  Maritime  provinces,  Nova  Scotia  and  New 
Brunswick ; 

which  three  divisions  shall  (subject  to  the  provisions  of 
this  Act)  be  equally  represented  in  the  Senate  as  follows: 
Ontario  by  twenty-four  Senators;  Quebec  by  twenty-four 
Senators;  and  the  Maritime  provinces  by  twenty-four  Sena- 
tors, twelve  thereof  representing  Nova  Scotia,  and  twelve 
thereof  representing  New  Brunswick. 

In  the  case  of  Quebec,  each  of  the  twenty-four  Senators 
representing  that  province  shall  be  appointed  for  one  of  the 
twenty-four  electoral  divisions  of  Lower  Canada  specified 
in  schedule  A  to  chapter  one  of  the  consolidated  statutes  of 
Canada. 

23.  The  qualifications  of  a  Senator  shall  be  as  follows: 

1 )  He  shall  be  of  the  full  age  of  thirty  years : 

2)  He  shall  be  either  a  natural-born  subject  of  the 
Queen,  or  a  subject  of  the  Queen  naturalized  by  an  Act  of 
the  Parliament  of  Great  Britain,  or  of  the  Parliament  of 
the  United  Kingdom  of  Great  Britain  and  Ireland,  or  of 
the  legislature  of  one  of  the  provinces  of  Upper  Canada, 
Lower  Canada,  Canada,  Nova  Scotia,  or  New  Brunswick 

i  By  the  British  North  America  Act  of  1871,  the  Canadian  Parliament  was 
empowered  to  make  provision  for  the  representation  therein  of  provinces  subse- 
quently admitted;  see  the  Act  as  given  below,  pp.  193-195. 


CANADA  159 

before  the  union,  or  of  the  Parliament  of  Canada  after  the 
union : 

3)  He  shall  be  legally  or  equitably  seized  as  of  freehold 
for  his  own  use  and  benefit  of  lands  or  tenements  held  in 
free  and  common  socage,  or  seized  or  possessed  for  his  own 
use  and  benefit  of  lands  or  tenements  held  in  franc-alleu  or 
in  roture,  within  the  Province  for  which  he  is  appointed,  of 
the  value  of  four  thousand  dollars,  over  and  above  all  rents, 
dues,  debts,  charges,  mortgages,  and  encumbrances  due  or 
payable  out  of,  or  charged  on  or  affecting  the  same: 

4)  His  real  and  personal  property  shall  be  together  worth 
four  thousand  dollars  over  and  above  his  debts  and  liabilities : 

5)  He  shall  be  resident  in  the  province  for  which  he  is 
appointed : 

6)  In  the  case  of  Quebec,  he  shall  have  his  real  property 
qualification  in  the  electoral  division  for  which  he  is 
appointed,  or  shall  be  resident  in  that  division. 

24.  The  Governor  General  shall  from  time  to  time,  in  the 
Queen's  name,  by  instrument  under  the  great  seal  of 
Canada,  summon  qualified  persons  to  the  Senate;  and,  sub- 
ject to  the  provisions  of  this  Act,  every  person  so  sum- 
moned shall  become  and  be  a  member  of  the  Senate  and  a 
Senator. 

25.  Such  persons  shall  be  first  summoned  to  the  Senate 
as  the  Queen  by  warrant  under  Her  Majesty's  royal  sign 
manual  thinks  fit  to  approve,  and  their  names  shall  be  in- 
serted in  the  Queen's  proclamation  of  union. 

26.  If  at  any  time,  on  the  recommendation  of  the  Gover- 
nor General,  the  Queen  thinks  fit  to  direct  that  three  or  six 
members  be  added  to  the  Senate,  the  Governor  General  may 
by  summons  to  three  or  six  qualified  persons  (as  the  case 
may  be),  representing  equally  the  three  divisions  of  Canada, 
add  to  the  Senate  accordingly. 


160      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

27.  In  case  of  such  addition  being  at  any  time  made,  the 
Governor  General  shall  not  summon  any  person  to  the 
Senate,  except  on  a  further  like  direction  by  the  Queen  on 
the  like  recommendation,  until  each  of  the  three  divisions 
of  Canada  is  represented  by  twenty-four  Senators,  and  no 
more. 

28.  The  number  of  Senators  shall  not  at  any  time  exceed 
seventy-eight. 

29.  A  Senator  shall,  subject  to  the  provisions  of  this  Act, 
hold  his  place  in  the  Senate  for  life. 

30.  A  Senator  may,  by  writing  under  his  hand,  addressed 
to  the  Governor  General,  resign  his  place  in  the  Senate,  and 
thereupon  the  same  shall  be  vacant. 

31.  The  place  of  a  Senator  shall  become  vacant  in  any  of 
the  following  cases : 

1)  If  for  two  consecutive  sessions  of  the  Parliament  he 
fails  to  give  his  attendance  in  the  Senate : 

2)  If  he  takes  an  oath  or  makes  a  declaration  or  acknowl- 
edgement of  allegiance,  obedience  or  adherence  to  a  foreign 
Power,  or  does  an  act  whereby  he  becomes  a  subject  or 
citizen,  or  entitled  to  the  rights  or  privileges  of  a  subject 
or  citizen  of  a  foreign  Power: 

3)  If  he  is  adjudged  bankrupt  or  insolvent,  or  applies  for 
the  benefit  of  any  law  relating  to  insolvent  debtors,  or  be- 
comes a  public  defaulter : 

4)  If  he  is  attainted  of  treason,  or  convicted  of  felony  or 
of  any  infamous  crime : 

5)  If  he  ceases  to  be  qualified  in  respect  of  property  or 
of  residence ;  provided  that  a  Senator  shall  not  be  deemed  to 
have  ceased  to  be  qualified  in  respect  of  residence  by  reason 
only  of  his  residing  at  the  seat  of  the  government  of  Canada 
while  holding  an  office  under  that  Government  requiring  his 
presence  there. 


CANADA  161 

32.  When  a  vacancy  happens  in  the  Senate,  by  resigna- 
tion, death,  or  otherwise,  the  Governor  General  shall,  by 
summons  to  a  fit  and  qualified  person  fill  the  vacancy. 

33.  If  any  question  arises  respecting  the  qualification  of 
a  Senator  or  a  vacancy  in  the  Senate,  the  same  shall  be 
heard  and  determined  by  the  Senate. 

34.  The  Governor  General  may  from  time  to  time,  by 
instrument  under  the  great  seal  of  Canada,  appoint  a 
Senator  to  be  speaker  of  the  Senate,  and  may  remove  him 
and  appoint  another  in  his  stead. 

35.  Until  the  Parliament  of  Canada  otherwise  provides, 
the  presence  of  at  least  fifteen  Senators,  including  the 
speaker,  shall  be  necessary  to  constitute  a  meeting  of  the 
Senate  for  the  exercise  of  its  powers. 

36.  Questions  arising  in  the  Senate  shall  be  decided  by  a 
majority  of  voices,  and  the  speaker  shall  in  all  cases  have  a 
vote,  and  when  the  voices  are  equal  the  decision  shall  be 
deemed  to  be  in  the  negative. 

THE  HOUSE  OF  COMMONS 

37.  The  House  of  Commons  shall,  subject  to  the  pro- 
visions of  this  Act,  consist  of  one  hundred  and  eighty-one 
members,  of  whom  eighty-two  shall  be  elected  for  Ontario, 
sixty-five  for  Quebec,  nineteen  for  Nova  Scotia,  and  fifteen 
for  New  Brunswick. 

38.  The  Governor  General  shall  from  time  to  time,  in 
the  Queen's  name,  by  instrument  under  the  great  seal  of 
Canada,  summon  and  call  together  the  House  of  Commons. 

39.  A  Senator  shall  not  be  capable  of  being  elected  or  of 
sitting  or  voting  as  a  member  of  the  House  of  Commons. 

40.  Until  the  Parliament  of  Canada  otherwise  provides, 
Ontario,  Quebec,  Nova  Scotia,  and  New  Brunswick  shall, 


162      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

for  the  purposes  of  the  election  of  members  to  serve  in  the 
House  of  Commons,  be  divided  into  electoral  districts  as 
follows : 

1. — Ontario 

Ontario  shall  be  divided  into  the  counties,  ridings  of  coun- 
ties, cities,  parts  of  cities,  and  towns  enumerated  in  the  first 
schedule  to  this  Act,  each  whereof  shall  be  an  electoral  dis- 
trict, each  such  district  as  numbered  in  that  schedule  being 
entitled  to  return  one  member. 

2. — Quebec 

Quebec  shall  be  divided  into  sixty-five  electoral  districts, 
composed  of  the  sixty-five  electoral  divisions  into  which 
Lower  Canada  is,  at  the  passing  of  this  Act,  divided  under 
chapter  two  of  the  consolidated  statutes  of  Canada,  chapter 
seventy-five  of  the  consolidated  statutes  for  Lower  Canada, 
and  the  Act  of  the  province  of  Canada  of  the  twenty-third 
year  of  the  Queen,  chapter  one,  or  any  other  Act  amending 
the  same  in  force  at  the  union,  so  that  each  such  electoral 
division  shall  be  for  the  purposes  of  this  Act  an  electoral 
district  entitled  to  return  one  member. 

3 — Nova  Scotia 

Each  of  the  eighteen  counties  of  Nova  Scotia  shall  be  an 
electoral  district.  The  county  of  Halifax  shall  be  entitled 
to  return  two  members,  and  each  of  the  other  counties  one 
member. 

4. — New  Brunswick 

Each  of  the  fourteen  counties  into  which  New  Brunswick 
is  divided,  including  the  city  and  county  of  St.  John,  shaH 
be  an  electoral  district.     The  citj7  of  St.  John  shall  also  be 


CANADA  163 

a  separate  electoral  district.     Each  of  those  fifteen  electoral 
districts  shall  be  entitled  to  return  one  member. 

41.  Until  the  Parliament  of  Canada  otherwise  provides, 
all  laws  in  force  in  the  several  provinces  at  the  union  relative 
to  the  following  matters  or  any  of  them,  namely, — the  quali- 
fications and  disqualifications  of  persons  to  be  elected  or  to 
sit  or  vote  as  members  of  the  house  of  assembly  or  legislative 
assembly  in  the  several  provinces,  the  voters  at  elections  of 
such  members,  the  oaths  to  be  taken  by  voters,  the  returning 
officers,  their  powers  and  duties,  the  proceedings  at  elections, 
the  periods  during  which  elections  may  be  continued,  the 
trial  of  controverted  elections,  and  proceedings  incident 
thereto,  the  vacating  of  seats  of  members,  and  the  execution 
of  new  writs  in  case  of  seats  vacated  otherwise  than  by  disso- 
lution,— shall  respectively  apply  to  elections  of  members  to 
serve  in  the  House  of  Commons  for  the  same  several 
provinces. 

Provided  that,  until  the  Parliament  of  Canada  otherwise 
provides,  at  any  election  for  a  member  of  the  House  of 
Commons  for  the  district  of  Algoma,  in  addition  to  persons 
qualified  by  the  law  of  the  Province  of  Canada  to  vote,  every 
male  British  subject,  aged  twenty-one  years  or  upwards, 
being  a  house-holder,  shall  have  a  vote. 

42.  For  the  first  election  of  members  to  serve  in  the 
House  of  Commons  the  Governor  General  shall  cause  writs 
to  be  issued  by  such  person,  in  such  form  and  addressed  to 
such  returning  officers  as  he  thinks  fit. 

The  persons  issuing  writs  under  this  section  shall  have 
the  like  powers  as  are  possessed  at  the  union  by  the  officers 
charged  with  the  issuing  of  writs  for  the  election  of  members 
to  serve  in  the  respective  house  of  assembly  or  legislative 
assembly  of  the  Province  of  Canada,  Nova  Scotia,  or  New 
Brunswick;  and  the  returning  officers  to  whom  writs  are 


164     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

directed  under  this  section  shall  have  the  like  powers  as  are 
possessed  at  the  union  by  the  officers  charged  with  the  re- 
turning of  writs  for  the  election  of  members  to  serve  in  the 
same  respective  house  of  assembly  or  legislative  assembly. 

43.  In  case  of  vacancy  in  the  representation  in  the  House 
of  Commons  of  any  electoral  district  happens  before  the 
meeting  of  the  Parliament,  or  after  the  meeting  of  the 
Parliament  before  provision  is  made  by  the  Parliament  in 
this  behalf,  the  provisions  of  the  last  foregoing  section  of 
this  Act  shall  extend  and  apply  to  the  issuing  and  returning 
of  a  writ  in  respect  of  such  vacant  district. 

44.  The  House  of  Commons  on  its  first  assembling  after 
a  general  election  shall  proceed  with  all  practicable  speed 
to  elect  one  of  its  members  to  be  speaker. 

45.  In  case  of  a  vacancy  happening  in  the  office  of 
speaker  by  death,  resignation,  or  otherwise,  the  House  of 
Commons  shall  with  all  practicable  speed  proceed  to  elect 
another  of  its  members  to  be  speaker. 

46.  The  speaker  shall  preside  at  all  meetings  of  the 
House  of  Commons. 

47.  Until  the  Parliament  of  Canada  otherwise  provides, 
in  case  of  the  absence  for  any  reason  of  the  speaker  from 
the  chair  of  the  House  of  Commons  for  a  period  of  forty- 
eight  consecutive  hours,  the  house  may  elect  another  of  its 
members  to  act  as  speaker,  and  the  member  so  elected  shall 
during  the  continuance  of  such  absence  of  the  speaker  have 
and  execute  all  the  powers,  privileges,  and  duties  of  speaker. 

48.  The  presence  of  at  least  twenty  members  of  the 
House  of  Commons  shall  be  necessary  to  constitute  a  meet- 
ing of  the  House  for  the  exercise  of  its  powers,  and  for 
that  purpose  the  speaker  shall  be  reckoned  as  a  member. 

49.  Questions  arising  in  the  House  of  Commons  shall 
be  decided  by  a  majority  of  voices  other  than  that  of  the 


CANADA  165 

speaker,  and  when  the  voices  are  equal,  but  not  otherwise, 
the  speaker  shall  have  a  vote. 

50.  Every  House  of  Commons  shall  continue  for  five 
years  from  the  day  of  the  return  of  the  writs  for  choosing 
the  House  (subject  to  be  sooner  dissolved  by  the  Governor 
General),  and  no  longer. 

51.  On  the  completion  of  the  census  in  the  year  one 
thousand  eight  hundred  and  seventy-one,  and  of  each  subse- 
quent decennial  census,  the  representation  of  the  four  Prov- 
inces shall  be  readjusted  by  such  authority,  in  such  manner, 
and  from  such  time,  as  the  Parliament  of  Canada  from 
time  to  time  provides,  subject  and  according  to  the  follow- 
ing rules: 

1)  Quebec  shall  have  the  fixed  number  of  sixty-five 
members : 

2)  There  shall  be  assigned  to  each  of  the  other  Provinces 
such  a  number  of  members  as  will  bear  the  same  proportion 
to  the  number  of  its  population  (ascertained  at  such  census) 
as  the  number  sixty-five  bears  to  the  number  of  the  popu- 
lation of  Quebec  (so  ascertained)  : 

3)  In  the  computation  of  the  number  of  members  for  a 
Province  a  fractional  part  not  exceeding  one-half  of  the 
whole  number  requisite  for  entitling  the  Province  to  a  mem- 
ber shall  be  disregarded;  but  a  fractional  part  exceeding 
one-half  of  that  number  shall  be  equivalent  to  the  whole 
number : 

4)  On  any  such  readjustment  the  number  of  members 
for  a  Province  shall  not  be  reduced  unless  the  proportion 
which  the  number  of  the  population  of  the  Province  bore  to 
the  number  of  the  aggregate  population  of  Canada  at  the 
then  last  preceding  readjustment  of  the  number  of  members 
for  the  Province  is  ascertained  at  the  then  latest  census  to 
be  diminished  by  one-twentieth  part  or  upwards : 


166      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

5)  Such  readjustment  shall  not  take  effect  until  the  ter- 
mination of  the  then  existing  Parliament. 

52.  The  number  of  members  of  the  House  of  Commons 
may  be  from  time  to  time  increased  by  the  Parliament  of 
Canada,  provided  the  proportionate  representation  of  the 
Provinces  prescribed  by  this  Act  is  not  thereby  disturbed. 

MONEY   VOTES:    ROYAL   ASSENT 

53.  Bills  for  appropriating  any  part  of  the  public  rev- 
enue, or  for  imposing  any  tax  or  impost,  shall  originate  in 
the  House  of  Commons. 

54.  It  shall  not  be  lawful  for  the  House  of  Commons  to 
adopt  or  pass  any  vote,  resolution,  address,  or  bill  for  the 
appropriation  of  any  part  of  the  public  revenue,  or  of  any 
tax  or  impost,  to  any  purpose  that  has  not  been  first  recom- 
mended to  that  House  by  message  of  the  Governor  General 
in  the  session  in  which  such  vote,  resolution,  address,  or  bill 
is  proposed. 

55.  Where  a  bill  passed  by  the  Houses  of  the  Parliament 
is  presented  to  the  Governor  General  for  the  Queen's  assent, 
he  shall  declare,  according  to  his  discretion,  but  subject  to 
the  provisions  of  this  Act  and  to  Her  Majesty's  instruc- 
tions, either  that  he  assents  thereto  in  the  Queen's  name, 
or  that  he  withholds  the  Queen's  assent,  or  that  he  reserves 
the  bill  for  the  signification  of  the  Queen's  pleasure. 

56.  Where  the  Governor  General  assents  to  a  bill  in  the 
Queen's  name,  he  shall  by  the  first  convenient  opportunity 
send  an  authentic  copy  of  the  Act  to  one  of  Her  Majesty's 
principal  Secretaries  of  State,  and  if  the  Queen  in  Council 
within  two  years  after  receipt  thereof  by  the  Secretary  of 
State  thinks  fit  to  disallow  the  Act,  such  disallowance  (with 


CANADA  167 

a  certificate  of  the  Secretary  of  State  of  the  day  on  which 
the  Act  was  received  by  him)  being  signified  by  the  Gov- 
enor  General,  by  speech  or  message  to  each  of  the  Houses 
of  the  Parliament  or  by  proclamation,  shall  annul  the  Act 
from  and  after  the  day  of  such  signification. 

57.  A  bill  reserved  for  the  signification  of  the  Queen's 
pleasure  shall  not  have  any  force  unless  and  until,  within 
two  years  from  the  day  on  which  it  was  presented  to  the 
Governor  General  for  the  Queen's  assent,  the  Governor 
General  signifies,  by  speech  or  message  to  each  of  the 
Houses  of  the  Parliament  or  by  proclamation,  that  it  has 
received  the  assent  of  the  Queen  in  Council. 

An  entry  of  every  such  speech,  message,  or  proclamation 
shall  be  made  in  the  journal  of  each  House,  and  a  duplicate 
thereof  duly  attested  shall  be  delivered  to  the  proper  officer 
to  be  kept  among  the  records  of  Canada. 

V. — Provincial   Constitutions 

EXECUTIVE   POWER 

58.  For  each  Province  there  shall  be  an  officer,  styled 
the  Lieutenant  Governor,  appointed  by  the  Governor  Gen- 
eral in  council  by  instrument  under  the  great  seal  of 
Canada. 

59.  A  Lieutenant  Governor  shall  hold  office  during  the 
pleasure  of  the  Governor  General;  but  any  Lieutenant  Gov- 
ernor appointed  after  the  commencement  of  the  first  session 
of  the  Parliament  of  Canada  shall  not  be  removable  within 
five  years  from  his  appointment,  except  for  cause  assigned, 
which  shall  be  communicated  to  him  in  writing  within  one 
month  after  the  order  for  his  removal  is  made,  and  shall  be 
communicated  by  message  to  the  Senate  and  to  the  House 
of  Commons,  within  one  week  thereafter  if  the  Parliament 


168      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

is  then  sitting,  and  if  not  then  within  one  week  after  the 
commencement  of  the  next  session  of  the  Parliament. 

60.  The  salaries  of  the  Lieutenant  Governors  shall  be 
fixed  and  provided  by  the  Parliament  of  Canada. 

61.  Every  Lieutenant  Governor  shall,  before  assuming 
the  duties  of  his  office,  make  and  subscribe  before  the 
Governor  General  or  some  person  authorized  by  him  oaths 
of  allegiance  and  office  similar  to  those  taken  by  the 
Governor  General. 

62.  The  provisions  of  this  Act  referring  to  the  Lieu- 
tenant Governor  extend  and  apply  to  the  Lieutenant  Gov- 
ernor for  the  time  being  of  each  Province,  or  other  the  chief 
executive  officer  or  administrator  for  the  time  being  carry- 
ing on  the  government  of  the  Province,  by  whatever  title 
he  is  designated. 

63.  The  Executive  Council  of  Ontario  and  of  Quebec 
shall  be  composed  of  such  persons  as  the  Lieutenant  Gov- 
ernor from  time  to  time  thinks  fit,  and  in  the  first  instance 
of  the  following  officers,  namely, — the  Attorney  General, 
the  Secretary  and  Registrar  of  the  Province,  the  Treasurer 
of  the  Province,  the  Commissioner  of  Crown  Lands,  and 
the  Commissioner  of  Agriculture  and  Public  Works,  with 
in  Quebec  the  Speaker  of  the  Legislative  Council  and  the 
Solicitor  General. 

64.  The  constitution  of  the  executive  authority  in  each 
of  the  Provinces  of  Nova  Scotia  and  New  Brunswick  shall, 
subject  to  the  provisions  of  this  Act,  continue  as  it  exists  at 
the  union  until  altered  under  the  authority  of  this  Act. 

65.  All  powers,  authorities,  and  functions  which  under 
any  Act  of  the  Parliament  of  Great  Britain,  or  of  the 
Parliament  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  or  of  the  legislature  of  Upper  Canada,  Lower 
Canada,  or  Canada,  were  or  are  before  or  at  the  union 


CANADA  169 

vested  in  or  exercisable  by  the  respective  Governors  or 
Lieutenant  Governors  of  those  Provinces,  with  the  advice 
or  with  the  advice  and  consent  of  the  respective  executive 
councils  thereof,  or  in  conjunction  with  those  councils,  or 
with  any  number  of  members  thereof,  or  by  those  Gov- 
ernors or  Lieutenant  Governors  individually,  shall,  as  far 
as  the  same  are  capable  of  being  exercised  after  the  union 
in  relation  to  the  government  of  Ontario  and  Quebec  re- 
spectively, be  vested  in  and  shall  or  may  be  exercised  by 
the  Lieutenant  Governor  of  Ontario  and  Quebec  respec- 
tively, with  the  advice  or  with  the  advice  and  consent  of  or 
in  conjunction  with  the  respective  executive  councils  or  any 
members  thereof,  or  by  the  Lieutenant  Governor  individu- 
ally, as  the  case  requires,  subject  nevertheless  (except  with 
respect  to  such  as  exist  under  Acts  of  the  Parliament  of 
Great  Britain  or  of  the  Parliament  of  the  United  Kingdom 
of  Great  Britain  and  Ireland),  to  be  abolished  or  altered  by 
the  respective  legislatures  of  Ontario  and  Quebec. 

66.  The  provisions  of  this  Act  referring  to  the  Lieu- 
tenant Governor  in  Council  shall  be  construed  as  referring 
to  the  Lieutenant  Governor  of  the  Province  acting  by  and 
with  the  advice  of  the  executive  council  thereof. 

67.  The  Governor  General  in  Council  may  from  time  to 
time  appoint  an  administrator  to  execute  the  office  and  func- 
tions of  Lieutenant  Governor  during  his  absence,  illness,  or 
other  inability. 

68.  Unless  and  until  the  executive  government  of  any 
Province  otherwise  directs  with  respect  to  that  Province, 
the  seats  of  government  of  the  provinces  shall  be  as  follows, 
namely, — of  Ontario,  the  city  of  Toronto;  of  Quebec,  the 
city  of  Quebec;  of  Nova  Scotia,  the  city  of  Halifax;  and  of 
New  Brunswick,  the  city  of  Fredericton. 


170      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

LEGISLATIVE  POWER 

1. — Ontario 

69.  There  shall  be  a  legislature  for  Ontario  consisting 
of  the  Lieutenant  Governor  and  of  one  house,  styled  the 
Legislative  Assembly  of  Ontario. 

70.  The  Legislative  Assembly  of  Ontario  shall  be  com- 
posed of  eighty-two  members,  to  be  elected  to  represent  the 
eighty-two  electoral  districts  set  forth  in  the  first  schedule 
to  this  Act. 

2. — Quebec 

71.  There  shall  be  a  legislature  for  Quebec  consisting  of 
the  Lieutenant  Governor  and  two  Houses,  styled  the  Legis- 
lative Council  of  Quebec  and  the  Legislative  Assembly  of 
Quebec. 

72.  The  Legislative  Council  of  Quebec  shall  be  com- 
posed of  twenty-four  members,  to  be  appointed  by  the 
Lieutenant  Governor  in  the  Queen's  name  by  instrument 
under  the  great  seal  of  Quebec,  one  being  appointed  to 
represent  each  of  the  twenty-four  electoral  divisions  of 
Lower  Canada  in  this  Act  referred  to,  and  each  holding 
office  for  the  term  of  his  life,  unless  the  legislature  of 
Quebec  otherwise  provides  under  the  provisions  of  this  Act. 

73.  The  qualifications  of  the  Legislative  Councillors  of 
Quebec  shall  be  the  same  as  those  of  the  Senators  for 
Quebec. 

74.  The  place  of  a  Legislative  Councillor  of  Quebec  shall 
become  vacant  in  the  cases,  mutatis  mutandis,  in  which  the 
place  of  Senator  becomes  vacant. 

75.  When  a  vacancy  happens  in  the  Legislative  Council 
of  Quebec  by  resignation,  death,  or  otherwise,  the  Lieu- 
tenant Governor,  in  the  Queen's  name,  by  instrument  under 


CANADA  171 

the  great  seal  of  Quebec,  shall  appoint  a  fit  and  qualified 
person  to  fill  the  vacancy. 

76.  If  any  question  arises  respecting  the  qualifications 
of  a  Legislative  Councillor  of  Quebec,  or  a  vacancy  in  the 
Legislative  Council  of  Quebec,  the  same  shall  be  heard  and 
determined  by  the  Legislative  Council. 

77.  The  Lieutenant  Governor  may  from  time  to  time,  by 
instrument  under  the  great  seal  of  Quebec,  appoint  a  mem- 
ber of  the  Legislative  Council  of  Quebec  to  be  speaker 
thereof,  and  may  remove  him  and  appoint  another  in  his 
stead. 

78.  Until  the  legislature  of  Quebec  otherwise  provides, 
the  presence  of  at  least  ten  members  of  the  Legislative 
Council,  including  the  speaker,  shall  be  necessary  to  con- 
stitute a  meeting  for  the  exercise  of  its  powers. 

79.  Questions  arising  in  the  Legislative  Council  of 
Quebec  shall  be  decided  by  a  majority  of  voices,  and  the 
speaker  shall  in  all  cases  have  a  vote,  and  when  the  voices 
are  equal  the  decision  shall  be  deemed  to  be  in  the  negative. 

80.  The  legislative  assembly  of  Quebec  shall  be  composed 
of  sixty-five  members,  to  be  elected  to  represent  the  sixty- 
five  electoral  divisions  or  districts  of  Lower  Canada  in  this 
Act  referred  to,  subject  to  alteration  thereof  by  the  legisla- 
ture of  Quebec:  provided  that  it  shall  not  be  lawful  to 
present  to  the  Lieutenant  Governor  of  Quebec  for  assent 
any  bill  for  altering  the  limits  of  any  of  the  electoral 
divisions  or  districts  mentioned  in  the  second  schedule  to 
this  Act,  unless  the  second  and  third  readings  of  such 
bill  have  been  passed  in  the  legislative  assembly  with 
the  concurrence  of  the  majority  of  the  members  represent- 
ing all  those  electoral  divisions  or  districts,  and  the  assent 
shall  not  be  given  to  such  bill  unless  an  address  has  been 


172     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

presented  by  the  legisative  assembly  to  the  Lieutenant  Gov- 
ernor stating  that  it  has  been  so  passed. 


3. — Ontario  and  Quebec 

81.  The  legislatures  of  Ontario  and  Quebec,  respectively, 
shall  be  called  together  not  later  than  six  months  after  the 
union. 

82.  The  Lieutenant  Governor  of  Ontario  and  of  Quebec 
shall,  from  time  to  time,  in  the  queen's  name,  by  instrument 
under  the  great  seal  of  the  Province,  summon  and  call  to- 
gether the  legislative  assembly  of  the  Province. 

83.  Until  the  legislature  of  Ontario  or  of  Quebec  other- 
wise provides,  a  person  accepting  or  holding  in  Ontario  or 
in  Quebec  any  office,  commission  or  employment,  permanent 
or  temporary,  at  the  nomination  of  the  Lieutenant  Gov- 
ernor, to  which  an  annual  salary,  or  any  fee,  allowance, 
emolument,  or  profit  of  any  kind  or  amount  whatever  from 
the  Province  is  attached,  shall  not  be  eligible  as  a  member 
of  the  legislative  assembly  of  the  respective  Province,  nor 
shall  he  sit  or  vote  as  such;  but  nothing  in  this  section  shall 
make  ineligible  any  person  being  a  member  of  the  executive 
council  of  the  respective  Province,  or  holding  any  of  the 
following  offices,  that  is  to  say,  the  offices  of  Attorney 
General,  Secretary  and  Registrar  of  the  Province,  Treas- 
urer of  the  Province,  Commissioner  of  Crown  Lands,  and 
Commissioner  of  Agriculture  and  Public  Works,  and  in 
Quebec  Solicitor  General,  or  shall  disqualify  him  to  sit  or 
vote  in  the  house  for  which  he  is  elected,  provided  he  is 
elected  while  holding  such  office. 

84.  Until  the  legislatures  of  Ontario  and  Quebec  respec- 
tively otherwise  provide,  all  laws  which  at  the  union  are  in 
force  in  those  Provinces  respectively,  relative  to  the  follow- 


CANADA  173 

ing  matters,  or  any  of  them,  namely, — the  qualifications  and 
disqualifications  of  persons  to  be  elected  or  to  sit  or  vote  as 
members  of  the  assembly  of  Canada,  the  qualifications  or 
disqualifications  of  voters,  the  oaths  to  be  taken  by  voters, 
the  returning  officers,  their  powers  and  duties,  the  proceed- 
ings at  elections,  the  periods  during  which  such  elections 
may  be  continued,  and  the  trial  of  controverted  elections  and 
the  proceedings  incident  thereto,  the  vacating  of  the  seats  of 
members,  and  the  issuing  and  execution  of  new  writs  in  case 
of  seats  vacated  otherwise  than  by  dissolution, — shall  respec- 
tively apply  to  elections  of  members  to  serve  in  the  respective 
legislative  assemblies  of  Ontario  and  Quebec. 

Provided  that  until  the  legislature  of  Ontario  otherwise 
provides,  at  any  election  for  a  member  of  the  legislative 
assembly  of  Ontario  for  the  district  of  Algoma,  in  addition 
to  persons  qualified  by  the  law  of  the  Province  of  Canada  to 
vote,  every  male  British  subject  aged  twenty-one  years  or 
upwards,  being  a  householder,  shall  have  a  vote. 

85.  Every  legislative  assembly  of  Ontario  and  every  leg- 
islative assembly  of  Quebec  shall  continue  for  four  years 
from  the  day  of  the  return  of  the  writs  for  choosing  the 
same  (subject,  nevertheless,  to  either  the  legislative  assem- 
bly of  Ontario  or  the  legislative  assembly  of  Quebec  being 
sooner  dissolved  by  the  Lieutenant  Governor  of  the  Prov- 
ince), and  no  longer. 

86.  There  shall  be  a  session  of  the  legislature  of  Ontario 
and  of  that  of  Quebec  once  at  least  in  every  year,  so  that 
twelve  months  shall  not  intervene  between  the  last  sitting  of 
the  legislature  in  each  province  in  one  session  and  its  first 
sitting  in  the  next  session. 

87.  The  following  provisions  of  this  Act  respecting  the 
House  of  Commons  of  Canada,  shall  extend  and  apply  to 
the  legislative  assemblies  of  Ontario  and  Quebec,  that  is  to 


174      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

say, — the  provisions  relating  to  the  election  of  a  speaker 
originally  and  on  vacancies,  the  duties  of  the  speaker,  the 
absence  of  the  speaker,  the  quorum,  and  the  mode  of  voting, 
as  if  those  provisions  were  here  reenacted  and  made  applica- 
ble in  terms  to  each  such  legislative  assembly. 

4. — Nova  Scotia  and  New  Brunswick 

88.  The  constitution  of  the  legislature  of  each  of  the 
Provinces  of  Nova  Scotia  and  New  Brunswick  shall,  sub- 
ject to  the  provisions  of  this  Act,  continue  as  it  exists  at 
the  union  until  altered  under  the  authority  of  this  Act;  and 
the  house  of  assembly  of  New  Brunswick  existing  at  the 
passing  of  this  Act  shall,  unless  sooner  dissolved,  continue 
for  the  period  for  which  it  was  elected. 

5. — Ontario ,  Quebec,  and  Nova  Scotia 

89.  Each  of  the  Lieutenant  Governors  of  Ontario, 
Quebec,  and  Nova  Scotia  shall  cause  writs  to  be  issued  for 
the  first  election  of  members  of  the  legislative  assembly 
thereof  in  such  form  and  by  such  person  as  he  thinks  fit, 
and  at  such  time  and  addressed  to  such  returning  officer  as 
the  Governor  General  directs,  and  so  that  the  first  election 
of  member  of  assembly  for  any  electoral  district  or  any 
subdivision  thereof  shall  be  held  at  the  same  time  and  at  the 
same  places  as  the  election  for  a  member  to  serve  in  the 
House  of  Commons  of  Canada  for  that  electoral  district. 


6. — The  Four  Provinces 

90.    The  following  provisions  of  this  Act  respecting  the 
Parliament  of  Canada,  namely, — the  provisions  relating  to 


CANADA  175 

appropriation  and  tax  bills,  the  recommendation  of  money 
votes,  the  assent  to  bills,  the  disallowance  of  acts  and  the 
signification  of  pleasure  on  bills  reserved, — shall  extend  and 
apply  to  the  legislatures  of  the  several  Provinces  as  if  those 
provisions  were  here  reenacted  and  made  applicable  in 
terms  to  the  respective  Provinces  and  the  legislatures 
thereof,  with  the  substitution  of  the  Lieutenant  Governor 
of  the  Province  for  the  Governor  General,  of  the  Governor 
General  for  the  Queen  and  for  a  Secretary  of  State,  of  one 
year  for  two  years,  and  of  the  Province  of  Canada. 

VI. — Distribution  of  Legislative  Powers 

POWERS  OF  THE  PARLIAMENT 

91.  It  shall  be  lawful  for  the  Queen,  by  and  with  the 
advice  and  consent  of  the  Senate  and  House  of  Commons,  to 
make  laws  for  the  peace,  order  and  good  government  of 
Canada,  in  relation  to  all  matters  not  coming  within  the 
classes  of  subjects  by  this  Act  assigned  exclusively  to  the 
legislatures  of  the  Provinces;  and  for  greater  certainty, 
but  not  so  as  to  restrict  the  generality  of  the  foregoing 
terms  of  this  section,  it  is  hereby  declared  that  (notwith- 
standing anything  in  this  Act)  the  exclusive  legislative 
authority  of  the  Parliament  of  Canada  extends  to  all  mat- 
ters coming  within  the  classes  of  subjects  next  hereinafter 
enumerated,  that  is  to  say, — 

1 )  The  public  debt  and  property. 

2)  The  regulation  of  trade  and  commerce. 

3 )  The  raising  of  money  by  any  mode  or  system  of  taxa- 
tion. 

4 )  The  borrowing  of  money  on  the  public  credit. 

5)  Postal  service. 

6)  The  census  and  statistics. 


176     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

7)  Militia,  military  and  naval  service,  and  defence. 

8)  The  fixing  of  and  providing  for  the  salaries  and  allow- 
ances of  civil  and  other  officers  of  the  government  of  Canada. 

9)  Beacons,  buoys,  lighthouses,  and  Sable  Island. 

10)  Navigation  and  shipping. 

11)  Quarantine  and  the  establishment  and  maintenance 
of  marine  hospitals. 

12)  Sea  coast  and  inland  fisheries. 

13)  Ferries  between  a  province  and  any  British  or  for- 
eign country  or  between  two  provinces. 

14)  Currency  and  coinage. 

15)  Banking,  incorporation  of  banks,  and  the  issue  of 
paper  money. 

16)  Savings  banks. 

17)  Weights  and  measures. 

18)  Bills  of  exchange  and  promissory  notes. 

19)  Interest. 

20)  Legal  tender. 

21)  Bankruptcy  and  insolvency. 

22)  Patents  of  invention  and  discovery. 

23)  Copyrights. 

24)  Indians,  and  lands  reserved  for  the  Indians. 

25)  Naturalization  and  aliens. 

26)  Marriage  and  divorce. 

27)  The  criminal  law,  except  the  constitution  of  courts  of 
criminal  jurisdiction,  but  including  the  procedure  in  criminal 
matters. 

28)  The  establishment,  maintenance,  and  management  of 
penitentiaries. 

29)  Such  classes  of  subjects  as  are  expressly  excepted 
in  the  enumeration  of  the  classes  of  subjects  by  this  Act 
assigned  exclusively  to  the  legislatures  of  the  Provinces. 

And  any  matter  coming  within  any  of  the  classes  of  sub- 


CANADA  177 

jects  enumerated  in  this  section  shall  not  be  deemed  to  come 
within  the  class  of  matters  of  a  local  or  private  nature  com- 
prised in  the  enumeration  of  the  classes  of  subjects  by  this 
Act  assigned  exclusively  to  the  legislatures  of  the  Provinces. 

EXCLUSIVE  POWERS  OF  PROVINCIAL  LEGISLATURES 

92.  In  each  Province  the  legislature  may  exclusively 
make  laws  in  relation  to  matters  coming  within  the  classes 
of  subjects  next  hereinafter  enumerated;  that  is  to  say, — 

1)  The  amendment  from  time  to  time,  notwithstanding 
anything  in  this  Act,  of  the  Constitution  of  the  Province, 
except  as  regards  the  office  of  Lieutenant  Governor. 

2)  Direct  taxation  within  the  Province  in  order  to  the 
raising  of  a  revenue  for  provincial  purposes. 

3)  The  borrowing  of  money  on  the  sole  credit  of  the 
Province. 

4)  The  establishment  and  tenure  of  provincial  offices  and 
the  appointment  and  payment  of  provincial  officers. 

5)  The  management  and  sale  of  the  public  lands  belong- 
ing to  the  Province  and  of  the  timber  and  wood  thereon. 

6)  The  establishment,  maintenance,  and  management  of 
public  and  reformatory  prisons  in  and  for  the  Province. 

7)  The  establishment,  maintenance,  and  management  of 
hospitals,  asylums,  charities,  and  eleemosynary  institutions 
in  and  for  the  province,  other  than  marine  hospitals. 

8)  Municipal  institutions  in  the  Province. 

9)  Shop,  saloon,  tavern,  auctioneer,  and  other  licenses,  in 
order  to  the  raising  of  a  revenue  for  provincial,  local,  or 
municipal  purposes. 

10)  Local  works  and  undertakings,  other  than  such  as  are 
of  the  following  classes : — 

a)  Lines  of  steam  or  other  ships,  railways,  canals,  tele- 


178      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

graphs,  and  other  works  and  undertakings  connecting  the 
Province  with  any  other  or  others  of  the  Provinces,  or  ex- 
tending beyond  the  limits  of  the  Province ; 

b)  Lines  of  steamships  between  the  Province  and  any 
British  or  foreign  country; 

c)  Such  works  as,  although  wholly  situate  within  the 
Province,  are  before  or  after  their  execution  declared  by  the 
Parliament  of  Canada  to  be  for  the  general  advantage  of 
Canada  or  for  the  advantage  of  two  or  more  of  the 
Provinces. 

11)  The  incorporation  of  companies  with  provincial 
objects. 

12)  The  solemnization  of  marriage  in  the  Province. 

13)  Property  and  civil  rights  in  the  Province. 

14)  The  administration  of  justice  in  the  Province,  in- 
cluding the  constitution,  maintenance,  and  organization  of 
provincial  courts,  both  of  civil  and  of  criminal  jurisdiction, 
and  including  procedure  in  civil  matters  in  those  courts. 

15)  The  imposition  of  punishment  by  fine,  penalty,  or 
imprisonment  for  enforcing  any  law  of  the  Province  made 
in  relation  to  any  matter  coming  within  any  of  the  classes 
of  subjects  enumerated  in  this  section. 

16)  Generally  all  matters  of  a  merely  local  or  private 
nature  in  the  Province. 


EDUCATION 

93.  In  and  for  each  Province  the  legislature  may  exclu- 
sively make  laws  in  relation  to  education,  subject  and  accord- 
ing to  the  following  provisions: 

1)  Nothing  in  any  such  law  shall  prejudicially  affect 
any    right    or    privilege    with    respect    to    denominational 


CANADA  179 

schools  which  any  class  of  persons  have  by  law  in  the  Prov- 
ince at  the  union: 

2)  All  the  powers,  privileges,  and  duties  at  the  union  by 
law  conferred  and  imposed  in  Upper  Canada  on  the  sep- 
arate schools  and  school  trustees  of  the  Queen's  Roman 
Catholic  subjects,  shall  be  and  the  same  are  hereby  ex- 
tended to  the  dissentient  schools  of  the  Queen's  Protestant 
and  Roman  Catholic  subjects  in  Quebec: 

3)  Where  in  any  Province  a  system  of  separate  or  dis- 
sentient schools  exists  by  law  at  the  union,  or  is  thereafter 
established  by  the  legislature  of  the  Province,  an  appeal 
shall  lie  to  the  Governor  General  in  council  from  any  Act  or 
decision  of  any  provincial  authority  affecting  any  right 
or  privilege  of  the  Protestant  or  Roman  Catholic  minority 
of  the  Queen's  subjects  in  relation  to  education: 

4)  In  case  any  such  provincial  law  as  from  time  to  time 
seems  to  the  Governor  General  in  Council  requisite  for  the 
due  execution  of  the  provisions  of  this  section  is  not  made, 
or  in  case  any  decision  of  the  Governor  General  in  Council 
on  any  appeal  under  this  section  is  not  duly  executed  by 
the  proper  provincial  authority  in  that  behalf,  then  and  in 
every  such  case,  and  as  far  only  as  the  circumstances  of 
each  case  require,  the  Parliament  of  Canada  may  make 
remedial  laws  for  the  due  execution  of  the  provisions  of 
this  section,  and  of  any  decision  of  the  Governor  General  in 
Council  under  this  section. 

UNIFORMITY    OF    LAWS    IN    ONTARIO,    NOVA    SCOTIA,    AND 
NEW  BRUNSWICK 

94.  Notwithstanding  anything  in  this  Act,  the  Parlia- 
ment of  Canada  may  make  provision  for  the  uniformity  of 
all    or    any    of    the    laws    relative    to    property    and    civil 


180      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

rights  in  Ontario,  Nova  Scotia,  and  New  Brunswick,  and 
of  the  procedure  of  all  or  any  of  the  courts  in  those  three 
Provinces,  and  from  and  after  the  passing  of  any  Act  in 
that  behalf,  the  power  of  the  Parliament  of  Canada  to  make 
laws  in  relation  to  any  matter  comprised  in  any  such  Act 
shall,  notwithstanding  anything  in  this  Act,  be  unrestricted ; 
but  any  Act  of  the  Parliament  of  Canada  making  provision 
for  such  uniformity  shall  not  have  effect  in  any  Province 
unless  and  until  it  is  adopted  and  enacted  as  law  by  the 
legislature  thereof. 

AGRICULTURE   AND    IMMIGRATION 

95.  In  each  Province  the  legislature  may  make  laws  in 
relation  to  agriculture  in  the  Province,  and  to  immigration 
into  the  Province;  and  it  is  hereby  declared  that  the  Parlia- 
ment of  Canada  may  from  time  to  time  make  laws  in 
relation  to  agriculture  in  all  or  any  of  the  Provinces,  and 
to  immigration  into  all  or  any  of  the  Provinces;  and  any 
law  of  the  legislature  of  a  Province  relative  to  agriculture 
or  to  immigration,  shall  have  effect  in  and  for  the  Province 
as  long  and  as  far  only  as  it  is  not  repugnant  to  any  act 
of  the  Parliament  of  Canada. 

VII. — Judicature 

96.  The  Governor  General  shall  appoint  the  judges  of 
the  superior,  district,  and  county  courts  in  each  Province, 
except  those  of  the  courts  of  probate  in  Nova  Scotia  and 
New  Brunswick. 

97.  Until  the  laws  relative  to  property  and  civil  rights 
in  Ontario,  Nova  Scotia,  and  New  Brunswick,  and  the  pro- 
cedure of  the  courts  in  those  provinces,  are  made  uniform, 


CANADA  181 

the  judges  of  the  courts  of  those  Provinces  appointed  by 
the  Governor  General  shall  be  selected  from  the  respective 
bars  of  those  Provinces. 

98.  The  judges  of  the  courts  of  Quebec  shall  be  selected 
from  the  bar  of  that  Province. 

99.  The  judges  of  the  superior  courts  shall  hold  office 
during  good  behavior,  but  shall  be  removable  by  the  Gov- 
ernor General  on  address  of  the  Senate  and  House  of 
Commons. 

100.  The  salaries,  allowances,  and  pensions  of  the  judges 
of  the  superior,  district,  and  county  courts  (except  the 
courts  of  probate  in  Nova  Scotia  and  New  Brunswick) , 
and  of  the  admiralty  courts  in  cases  where  the  judges 
thereof  are  for  the  time  being  paid  by  salary,  shall  be  fixed 
and  provided  by  the  Parliament  of  Canada. 

101.  The  Parliament  of  Canada  may,  notwithstanding 
anything  in  this  Act,  from  time  to  time  provide  for  the 
constitution,  maintenance,  and  organization  of  a  general 
court  of  appeal  for  Canada,  and  for  the  establishment  of 
any  additional  courts  for  the  better  administration  of  the 
laws  of  Canada. 

VIII. — Revenues;  Debts;  Assets;  Taxation 

102.  All  duties  and  revenues  over  which  the  respective 
legislatures  of  Canada,  Nova  Scotia,  and  New  Brunswick 
before  and  at  the  union  had  and  have  power  of  appropria- 
tion, except  such  portions  thereof  as  are  by  this  Act 
reserved  to  the  respective  legislatures  of  the  Provinces,  or 
are  raised  by  them  in  accordance  with  the  special  powers 
conferred  on  them  by  this  Act,  shall  form  one  consolidated 
revenue  fund,  to  be  appropriated  for  the  public  service  of 
Canada  in  the  manner  and  subject  to  the  charges  in  this 
Act  provided. 


182      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

103.  The  consolidated  revenue  fund  of  Canada  shall  be 
permanently  charged  with  the  costs,  charges,  and  expenses 
incident  to  the  collection,  management  and  receipt  thereof, 
and  the  same  shall  form  the  first  charge  thereon,  subject 
to  be  reviewed  and  audited  in  such  manner  as  shall  be 
ordered  by  the  Governor  General  in  council  until  the  Par- 
liament otherwise  provides. 

104.  The  annual  interest  of  the  public  debts  of  the  sev- 
eral Provinces  of  Canada,  Nova  Scotia,  and  New  Bruns- 
wick at  the  union  shall  form  the  second  charge  on  the  con- 
solidated revenue  fund  of  Canada. 

105.  Unless  altered  by  the  Parliament  of  Canada,  the 
salary  of  the  Governor  General  shall  be  ten  thousand 
pounds  sterling  money  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  payable  out  of  the  consolidated  rev- 
enue fund  of  Canada,  and  the  same  shall  form  the  third 
charge  thereon. 

106.  Subject  to  the  several  payments  by  this  Act 
charged  on  the  consolidated  revenue  fund  of  Canada,  the 
same  shall  be  appropriated  by  the  Parliament  of  Canada, 
for  the  public  service. 

107.  All  stocks,  cash,  bankers'  balances,  and  securities 
for  money  belonging  to  each  Province  at  the  time  of  the 
union,  except  as  in  this  Act  mentioned,  shall  be  the  prop- 
erty of  Canada,  and  shall  be  taken  in  reduction  of  the 
amount  of  the  respective  debts  of  the  Provinces  at  the 
union. 

108.  The  public  works  and  property  of  each  Province, 
enumerated  in  the  third  schedule  to  this  Act,  shall  be  the 
property  of  Canada. 

109.  All  lands,  mines,  minerals,  and  royalties  belonging 
to  the  several  Provinces  of  Canada,  Nova  Scotia,  and  New 
Brunswick  at  the  union,  and  all  sums  then  due  or  payable 


CANADA  183 

for  such  lands,  mines,  minerals,  or  royalties,  shall  belong  to 
the  several  provinces  of  Ontario,  Quebec,  Nova  Scotia,  and 
New  Brunswick  in  which  the  same  are  situate  or  arise, 
subject  to  any  trusts  existing  in  respect  thereof,  and  to  any 
interest  other  than  that  of  the  Province  in  the  same. 

110.  All  assets  connected  with  such  portions  of  the 
public  debt  of  each  Province  as  are  assumed  by  that  Prov- 
ince shall  belong  to  that  Province. 

111.  Canada  shall  be  liable  for  the  debts  and  liabilities 
of  each  Province  existing  at  the  union. 

112.  Ontario  and  Quebec  conjointly  shall  be  liable  to 
Canada  for  the  amount  (if  any)  by  which  the  debt  of  the 
Province  of  Canada  exceeds  at  the  union  sixty-two  million 
five  hundred  thousand  dollars,  and  shall  be  charged  with 
interest  at  the  rate  of  five  per  centum  per  annum  thereon. 

113.  The  assets  enumerated  in  the  fourth  schedule  to 
this  Act  belonging  at  the  union  to  the  Province  of  Canada 
shall  be  the  property  of  Ontario  and  Quebec  conjointly. 

114.  Xova  Scotia  shall  be  liable  to  Canada  for  the 
amount  (if  any)  by  which  its  public  debt  exceeds  at  the 
union  eight  million  dollars,  and  shall  be  charged  with  in- 
terest at  the  rate  of  five  per  centum  per  annum  thereon. 

115.  New  Brunswick  shall  be  liable  to  Canada  for  the 
amount  (if  any)  by  which  its  public  debt  exceeds  at  the 
union  seven  million  dollars,  and  shall  be  charged  with 
interest  at  the  rate  of  five  per  centum  per  annum  thereon. 

116.  In  case  the  public  debts  of  Xova  Scotia  and  Xew 
Brunswick  do  not  at  the  union  amount  to  eight  million  and 
seven  million  dollars  respectively,  they  shall  respectively 
receive  by  half-yearly  payments  in  advance  from  the  Gov- 
ernment of  Canada,  interest  at  five  per  centum  per  annum 
on  the  difference  between  the  actual  amounts  of  their  re- 
spective debts  and  such  stipulated  amounts. 


184      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

117.  The  several  Provinces  shall  retain  all  their  respec- 
tive public  property  not  otherwise  disposed  of  in  this  Act, 
subject  to  the  right  of  Canada  to  assume  any  lands  or 
public  property  required  for  fortifications  or  for  the 
defence  of  the  country. 

118.  The  following  sums  shall  be  paid  yearly  by  Canada 
to  the  several  provinces  for  the  support  of  their  govern- 
ments and  legislatures: 

Ontario     $80,000 

Quebec    70,000 

Nova   Scotia    60,000 

New  Brunswick    50,000 

$260,000 

and  an  annual  grant  in  aid  of  each  Province  shall  be  made, 
equal  to  eighty  cents  per  head  of  the  population  as  ascer- 
tained by  the  census  of  one  thousand  eight  hundred  and 
sixty-one,  and  in  the  case  of  Nova  Scotia  and  New  Bruns- 
wick, by  each  subsequent  decennial  census  until  the  popula- 
tion of  each  of  those  two  Provinces  amounts  to  four 
hundred  thousand  souls,  at  which  rate  such  grant  shall 
thereafter  remain.  Such  grants  shall  be  in  full  settlement 
of  all  future  demands  on  Canada,  and  shall  be  paid  half- 
yearly  in  advance  to  each  Province;  but  the  Government  of 
Canada  shall  deduct  from  such  grants,  as  against  any 
Province,  all  sums  chargeable  as  interest  on  the  public  debt 
of  that  Province  in  excess  of  the  several  amounts  stipulated 
in  this  Act. 

119.  New  Brunswick  shall  receive  by  half-yearly  pay- 
ments in  advance  from  Canada  for  a  period  of  ten  years 
from  the  union  an  additional  allowance  of  sixty-three 
thousand  dollars  per  annum;  but  as  long  as  the  public  debt 
of  that  Province   remains   under   seven   million   dollars,   a 


CANADA  185 

deduction  equal  to  the  interest  at  five  per  centum  per 
annum  on  such  deficiency  shall  be  made  from  that  allow- 
ance of  sixty-three  thousand  dollars. 

120.  All  payments  to  be  made  under  this  Act,  or  in 
discharge  of  liabilities  created  under  any  Act  of  the  Prov- 
inces of  Canada,  Nova  Scotia,  and  New  Brunswick  re- 
spectively, and  assumed  by  Canada,  shall,  until  the  Parlia- 
ment of  Canada  otherwise  directs,  be  made  in  such  form 
and  manner  as  may  from  time  to  time  be  ordered  by  the 
Governor  General  in  council. 

121.  All  articles  of  the  growth,  produce,  or  manufacture 
of  any  one  of  the  Provinces  shall,  from  and  after  the  union, 
be  admitted  free  into  each  of  the  other  Provinces. 

122.  The  customs  and  excise  laws  of  each  Province  shall, 
subject  to  the  provisions  of  this  Act,  continue  in  force  until 
altered  by  the  Parliament  of  Canada. 

123.  Where  customs  duties  are,  at  the  union,  leviable  on 
any  goods,  wares,  or  merchandises  in  any  two  provinces, 
those  goods,  wares,  and  merchandises  may,  from  and  after 
the  union,  be  imported  from  one  of  those  Provinces  into 
the  other  of  them  on  proof  of  payment  of  the  customs 
duty  leviable  thereon  in  the  province  of  exportation,  and 
on  payment  of  such  further  amount  (if  any)  of  customs 
duty  as  is  leviable  thereon  in  the  Province  of  importation. 

124.  Nothing  in  this  Act  shall  affect  the  right  of  New 
Brunswick  to  levy  the  lumber  dues  provided  in  chapter 
fifteen  of  title  three  of  the  revised  statutes  of  New 
Brunswick,  or  in  any  Act  amending  that  Act  before  or  after 
the  union,  and  not  increasing  the  amount  of  such  dues; 
but  the  lumber  of  any  of  the  Provinces  other  than  New 
Brunswick  shall  not  be  subject  to  such  dues. 

125.  No  lands  or  property  belonging  to  Canada  or  any 
Province  shall  be  liable  to  taxation. 


186     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

126.  Such  portions  of  the  duties  and  revenues  over 
which  the  respective  legislatures  of  Canada,  Nova  Scotia, 
and  New  Brunswick  had  before  the  union  power  of  ap- 
propriation as  are  by  this  Act  reserved  to  the  respective 
governments  or  legislatures  of  the  provinces,  and  all  duties 
and  revenues  raised  by  them  in  accordance  with  the  special 
powers  conferred  upon  them  by  this  Act,  shall  in  each 
Province  form  one  consolidated  revenue  fund  to  be  appro- 
priated for  the  public  service  of  the  Province. 

IX. — Miscellaneous  Provisions 

GENERAL 

127.  If  any  person  being  at  the  passing  of  this  Act  a 
member  of  the  Legislative  Council  of  Canada,  Nova  Scotia, 
or  New  Brunswick,  to  whom  a  place  in  the  Senate  is  offered, 
does  not  within  thirty  days  thereafter,  by  writing  under 
his  hand  addressed  to  the  Governor  General  of  the  Province 
of  Canada,  or  to  the  Lieutenant  Governor  of  Nova  Scotia 
or  New  Brunswick  (as  the  case  may  be),  accept  the  same, 
he  shall  be  deemed  to  have  declined  the  same;  and  any 
person  who,  being  at  the  passing  of  this  Act  a  member  of 
the  Legislative  Council  of  Nova  Scotia  or  New  Brunswick, 
accepts  a  place  in  the  Senate,  shall  thereby  vacate  his  seat 
in  such  Legislative  Council. 

128.  Every  member  of  the  Senate  or  House  of  Commons 
of  Canada  shall  before  taking  his  seat  therein  take  and 
subscribe  before  the  Governor  General  or  some  person 
authorized  by  him,  and  every  member  of  a  legislative  coun- 
cil or  legislative  assembly  of  any  Province  shall  before 
taking  his  seat  therein  take  and  subscribe  before  the  Lieu- 
tenant Governor  of  the  Province  or  some  person  authorized 


CANADA  187 

by  him,  the  oath  of  allegiance  contained  in  the  fifth 
schedule  to  this  Act;  and  every  member  of  the  Senate  of 
Canada  and  every  member  of  the  Legislative  Council  of 
Quebec  shall  also,  before  taking  his  seat  therein,  take  and 
subscribe  before  the  Governor  General,  or  some  person 
authorized  by  him,  the  declaration  of  qualification  con- 
tained in  the  same  schedule. 

129.  Except  as  otherwise  provided  by  this  Act,  all  laws 
in  force  in  Canada,  Nova  Scotia,  or  New  Brunswick  at  the 
union,  and  all  courts  of  civil  and  criminal  jurisdiction,  and 
all  legal  commissions,  powers,  and  authorities,  and  all 
officers,  judicial,  administrative,  and  ministerial,  existing 
therein  at  the  union,  shall  continue  in  Ontario,  Quebec, 
Nova  Scotia,  and  New  Brunswick  respectively,  as  if  the 
union  had  not  been  made;  subject  nevertheless  (except 
with  respect  to  such  as  are  enacted  by  or  exist  under  Acts 
of  the  Parliament  of  Great  Britain  or  of  the  Parliament  of 
the  United  Kingdom  of  Great  Britain  and  Ireland),  to  be 
repealed,  abolished,  or  altered  by  the  Parliament  of  Canada, 
or  by  the  legislature  of  the  respective  Province,  according 
to  the  authority  of  the  Parliament  or  of  that  legislature 
under  this  Act. 

130.  Until  the  Parliament  of  Canada  otherwise  provides, 
all  officers  of  the  several  Provinces  having  duties  to  dis- 
charge in  relation  to  matters  other  than  those  coming 
within  the  classes  of  subjects  by  this  Act  assigned  ex- 
clusively to  the  legislatures  of  the  Provinces  shall  be  officers 
of  Canada,  and  shall  continue  to  discharge  the  duties  of 
their  respective  offices  under  the  same  liabilities,  responsi- 
bilities, and  penalties  as  if  the  union  had  not  been  made. 

131.  Until  the  Parliament  of  Canada  otherwise  provides, 
the  Governor  General  in  Council  may  from  time  to  time 
appoint  such  officers  as  the  Governor  General  in  Council 


188     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

deems  necessary  or  proper  for  the  effectual  execution  of 
this  Act. 

132.  The  Parliament  and  Government  of  Canada  shall 
have  all  powers  necessary  or  proper  for  performing  the 
obligations  of  Canada  or  of  any  Province  thereof,  as  part  of 
the  British  Empire,  towards  foreign  countries,  arising  under 
treaties  between  the  Empire  and  such  foreign  countries. 

133.  Either  the  English  or  the  French  language  may  be 
used  by  any  person  in  the  debates  of  the  Houses  of  the 
Parliament  of  Canada  and  of  the  Houses  of  the  Legislature 
of  Quebec;  and  both  those  languages  shall  be  used  in  the 
respective  records  and  journals  of  those  houses;  and  either 
of  those  languages  may  be  used  by  any  person  or  in  any 
pleading  or  process  in  or  issuing  from  any  court  of  Canada 
established  under  this  Act,  and  in  or  from  all  or  any  of  the 
courts  of  Quebec. 

The  Acts  of  the  Parliament  of  Canada  and  of  the  Legisla- 
ture of  Quebec  shall  be  printed  and  published  in  both  those 
languages. 

ONTARIO    AND    QUEBEC 

134.  Until  the  Legislature  of  Ontario  or  of  Quebec 
otherwise  provides,  the  Lieutenant  Governors  of  Ontario 
and  Quebec  may  each  appoint  under  the  great  seal  of  the 
Province  the  following  officers,  to  hold  office  during  pleas- 
ure, that  is  to  say, — the  Attorney  General,  the  Secretary 
and  Registrar  of  the  Province,  the  Treasurer  of  the  Prov- 
ince, the  Commissioner  of  Crown  Lands,  and  the  Commis- 
sioner of  Agriculture  and  Public  Works,  and  in  the  case 
of  Quebec,  the  Solicitor  General;  and  may  by  order  of  the 
Lieutenant  Governor  in  Council  from  time  to  time  prescribe 
the  duties  of  those  officers,  and  of  the  several  departments 


CANADA  189 

over  which  they  shall  preside  or  to  which  they  shall  belong, 
and  of  the  officers  and  clerks  thereof,  and  may  also  appoint 
other  and  additional  officers  to  hold  office  during  pleasure, 
and  may  from  time  to  time  prescribe  the  duties  of  those 
officers,  and  of  the  several  departments  over  which  they 
shall  preside  or  to  which  they  shall  belong,  and  of  the 
officers  and  clerks  thereof. 

135.  Until  the  legislature  of  Ontario  or  Quebec  other- 
wise provides,  all  rights,  powers,  duties,  functions,  responsi- 
bilities, or  authorities  at  the  passing  of  this  Act  vested  in  or 
imposed  on  the  Attorney  General,  Solicitor  General,  Secre- 
tary and  Registrar  of  the  Province  of  Canada,  Minister  of 
Finance,  Commissioner  of  Crown  Lands,  Commissioner  of 
Public  Works,  and  Minister  of  Agriculture  and  Receiver 
General,  by  any  law,  statute,  or  ordinance  of  Upper 
Canada,  Lower  Canada,  or  Canada,  and  not  repugnant  to 
this  Act,  shall  be  vested  in  or  imposed  on  any  officer  to  be 
appointed  by  the  Lieutenant  Governor  for  the  discharge 
of  the  same  or  any  of  them;  and  the  Commissioner  of 
Agriculture  and  Public  Works  shall  perform  the  duties  and 
functions  of  the  office  of  Minister  of  Agriculture  at  the 
passing  of  this  Act  imposed  by  the  law  of  the  Province  of 
Canada,  as  well  as  those  of  the  Commissioner  of  Public 
Works. 

136.  Until  altered  by  the  Lieutenant  Governor  in  Coun- 
cil, the  great  seals  of  Ontario  and  Quebec  respectively  shall 
be  the  same,  or  of  the  same  design,  as  those  used  in  the 
Provinces  of  Upper  Canada  and  Lower  Canada  respec- 
tively before  their  union  as  the  Province  of  Canada. 

137.  The  words  "  and  from  thence  to  the  end  of  the 
then  next  ensuing  session  of  the  Legislature,"  or  words  to 
the  same  effect,  used  in  any  temporary  Act  of  the  Province 
of  Canada  not  expired  before  the  union,  shall  be  construed 


190     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

to  extend  and  apply  to  the  next  session  of  the  Parliament 
of  Canada,  if  the  subject  matter  of  the  Act  is  within  the 
powers  of  the  same  as  defined  by  this  Act,  or  to  the  next 
sessions  of  the  legislatures  of  Ontario  and  Quebec  re- 
spectively if  the  subject  matter  of  the  Act  is  within  the 
powers  of  the  same  as  defined  by  this  Act. 

138.  From  and  after  the  union  the  use  of  the  words 
"  Upper  Canada "  instead  of  "  Ontario,"  or  "  Lower 
Canada  "  instead  of  "  Quebec,"  in  any  deed,  writ,  process, 
pleading,  document,  matter,  or  thing,  shall  not  invalidate 
the  same. 

139.  Any  proclamation  under  the  great  seal  of  the  Prov- 
ince of  Canada  issued  before  the  union  to  take  effect  at  a 
time  which  is  subsequent  to  the  union,  whether  relating  to 
that  province,  or  to  Upper  Canada,  or  to  Lower  Canada, 
and  the  several  matters  and  things  therein  proclaimed,  shall 
be  and  continue  of  like  force  and  effect  as  if  the  union 
had  not  been  made. 

140.  Any  proclamation  which  is  authorized  by  any  Act 
of  the  Legislature  of  the  Province  of  Canada  to  be  issued 
under  the  great  seal  of  the  Province  of  Canada,  whether 
relating  to  that  Province,  or  to  Upper  Canada,  or  to  Lower 
Canada,  and  which  is  not  issued  before  the  union,  may  be 
issued  by  the  Lieutenant  Governor  of  Ontario  or  of  Quebec, 
as  its  subject  matter  requires,  under  the  great  seal  thereof; 
and  from  and  after  the  issue  of  such  proclamation  the  same 
and  the  several  matters  and  things  therein  proclaimed  shall 
be  and  continue  of  the  like  force  and  effect  in  Ontario  or 
Quebec  as  if  the  union  had  not  been  made. 

141.  The  penitentiary  of  the  Province  of  Canada  shall, 
until  the  Parliament  of  Canada  otherwise  provides,  be  and 
continue  the  penitentiary  of  Ontario  and  of  Quebec. 

142.  The  division  and  adjustment  of  the  debts,  credits, 


CANADA  191 

liabilities,  properties,  and  assets  of  Upper  Canada  and 
Lower  Canada  shall  be  referred  to  the  arbitrament  of  three 
arbitrators,  one  chosen  by  the  government  of  Ontario,  one 
by  the  government  of  Quebec,  and  one  by  the  government 
of  Canada;  and  the  selection  of  the  arbitrators  shall  not  be 
made  until  the  Parliament  of  Canada  and  the  legislatures 
of  Ontario  and  Quebec  have  met;  and  the  arbitrator  chosen 
by  the  Government  of  Canada  shall  not  be  a  resident  either 
in  Ontario  or  in  Quebec. 

143.  The  Governor  General  in  Council  may  from  time 
to  time  order  that  such  and  so  many  of  the  records,  books, 
and  documents  of  the  province  of  Canada  as  he  thinks  fit 
shall  be  appropriated  and  delivered  either  to  Ontario  or  to 
Quebec,  and  the  same  shall  thenceforth  be  the  property  of 
that  Province;  and  any  copy  thereof  or  extract  therefrom, 
duly  certified  by  the  officer  having  charge  of  the  original 
thereof,  shall  be  admitted  as  evidence. 

144.  The  Lieutenant  Governor  of  Quebec  may  from 
time  to  time  by  proclamation  under  the  great  seal  of  the 
Province,  to  take  effect  from  a  day  to  be  appointed 
therein,  constitute  townships  in  those  parts  of  the  Province 
of  Quebec  in  which  townships  are  not  then  already  consti- 
tuted, and  fix  the  metes  and  bounds  thereof. 

X. — Intercolonial  Railway 

145.  Inasmuch  as  the  Provinces  of  Canada,  Nova  Scotia 
and  New  Brunswick  have  joined  in  a  declaration  that  the 
construction  of  the  Intercolonial  Railway  is  essential  to  the 
consolidation  of  the  union  of  British  North  America,  and 
to  the  assent  thereto  of  Nova  Scotia  and  New  Brunswick, 
have  consequently  agreed  that  provision  should  be  made 
for    its    immediate    construction    bv    the    Government    of 


192      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Canada:  Therefore,  in  order  to  give  effect  to  that  agree- 
ment, it  shall  be  the  duty  of  the  Government  and  Parlia- 
ment of  Canada  to  provide  for  the  commencement,  within 
six  months  after  the  union,  of  a  railway  connecting  the 
river  St.  Lawrence  with  the  city  of  Halifax  in  Nova 
Scotia,  and  for  the  construction  thereof  without  intermis- 
sion, and  the  completion  thereof  with  all  practicable  speed. 

XI. — Admission  of  Other  Colonies 

146.  It  shall  be  lawful  for  the  Queen,  by  and  with  the 
advice  of  Her  Majesty's  most  honorable  Privy  Council,  on 
addresses  from  the  Houses  of  the  Parliament  of  Canada 
and  from  the  houses  of  the  respective  legislatures  of  the 
Colonies  or  Provinces  of  Newfoundland,  Prince  Edward 
Island,  and  British  Columbia  to  admit  those  Colonies  or 
Provinces,  or  any  of  them,  into  the  union,  and  on  address 
from  the  Houses  of  the  Parliament  of  Canada  to  admit 
Rupert's  Land  and  the  Northwestern  Territory,  or  either 
of  them,  into  the  union,  on  such  terms  and  conditions  in 
each  case  as  are  in  the  addresses  expressed  and  as  the  Queen 
thinks  fit  to  approve,  subject  to  the  provisions  of  this  Act; 
and  the  provisions  of  any  order  in  Council  in  that  behalf 
shall  have  effect  as  if  they  had  been  enacted  by  the 
Parliament  of  the  United  Kingdom  of  Great  Britain  and 
Ireland. 

147.  In  case  of  the  admission  of  Newfoundland  and 
Prince  Edward  Island,  or  either  of  them,  each  shall  be 
entitled  to  a  representation  in  the  Senate  of  Canada  of 
four  members,  and  (notwithstanding  anything  in  this 
Act),  in  case  of  the  admission  of  Newfoundland  the  normal 
number  of  Senators  shall  be  seventy-six  and  their  maximum 
number   shall   be   eighty-two;   but   Prince   Edward   Island 


CANADA  193 

when  admitted  shall  be  deemed  to  be  comprised  in  the 
third  of  the  three  divisions  into  which  Canada  is,  in  re- 
lation to  the  constitution  of  the  Senate,  divided  by  this  Act, 
and  accordingly,  after  the  admission  of  Prince  Edward 
Island,  whether  Newfoundland  is  admitted  or  not,  the 
representation  of  Nova  Scotia  and  New  Brunswick  in  the 
Senate  shall,  as  vacancies  occur,  be  reduced  from  twelve 
to  ten  members  respectively,  and  the  representation  of 
each  of  those  Provinces  shall  not  be  increased  at  any  time 
beyond  ten,  except  under  the  provisions  of  this  Act,  for  the 
appointment  of  three  or  six  additional  Senators  under  the 
direction  of  the  Queen. 


THE  BRITISH  NORTH  AMERICA  ACT 

[34  &  35  Victoria,  cap.  28] 

1871 

An  Act  respecting  the,  establishment  of  Provinces  in  the 
Dominion  of  Canada. 

Whereas  doubts  have  been  entertained  respecting  the 
powers  of  the  Parliament  of  Canada  to  establish  Provinces 
in  territories  admitted,  or  which  may  hereafter  be  admitted, 
into  the  Dominion  of  Canada,  and  to  provide  for  the  repre- 
sentation of  such  Provinces  in  the  said  Parliament,  and  it 
is  expedient  to  remove  such  doubts,  and  to  vest  such 
powers  in  the  said  Parliament: 

Be  it  enacted  by  the  Queen's  most  Excellent  Majesty, 
by  and  with  the  advice  and  consent  of  the  Lords  spiritual 
and  temporal,  and  Commons,  in  this  present  Parliament 
assembled,  and  by  the  authority  of  the  same,  as  follows: 

1.  This  Act  may  be  cited  for  all  purposes  as  the  British 
North  America  Act,  1871. 


194      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

2.  The  Parliament  of  Canada  may  from  time  to  time 
establish  new  Provinces  in  any  territories  forming  for  the 
time  being  part  of  the  Dominion  of  Canada,  but  not  in- 
cluded in  any  Province  thereof,  and  may,  at  the  time  of  such 
establishment,  make  provision  for  the  constitution  and 
administration  of  any  such  Province,  and  for  the  passing 
of  laws  for  the  peace,  order  and  good  government  of  such 
Province,  and  for  its  representation  in  the  said  Parliament. 

3.  The  Parliament  of  Canada  may  from  time  to  time, 
with  the  consent  of  the  legislature  of  any  Province  of  the 
said  Dominion,  increase,  diminish  or  otherwise  alter  the 
limits  of  such  Province,  upon  such  terms  and  conditions  as 
may  be  agreed  to  by  the  said  legislature,  and  may,  with  the 
like  consent,  make  provision  respecting  the  effect  and  opera- 
tion of  any  such  increase  or  diminution  or  alteration  of 
territory  in  relation  to  any  province  affected  thereby. 

4.  The  Parliament  of  Canada  may  from  time  to  time 
make  provision  for  the  administration,  peace,  order  and  good 
government  of  any  territory  not  for  the  time  being  included 
in  any  province. 

5.  The  following  Acts  passed  by  the  said  Parliament  of 
Canada,  and  entitled  respectively :  "  An  Act  for  the  tem- 
porary government  of  Rupert's  Land  and  the  Northwestern 
Territory  when  united  with  Canada,"  and  "  An  Act  to 
amend  and  continue  the  Act  thirty-two  and  thirty-three 
Victoria,  chapter  three,  and  to  establish  and  provide  for  the 
government  of  the  Province  of  Manitoba,"  shall  be  and  be 
deemed  to  have  been  valid  and  effectual  for  all  purposes 
whatsoever  from  the  date  at  which  they  respectively  re- 
ceived the  assent,  in  the  Queen's  name,  of  the  Governor 
General  of  the  said  Dominion  of  Canada. 

6.  Except  as  provided  by  the  third  section  of  this  Act,  it 


CANADA  195 

shall  not  be  competent  for  the  Parliament  of  Canada  to 
alter  the  provisions  of  the  last  mentioned  Act  of  the  said 
Parliament,  in  so  far  as  it  relates  to  the  Province  of 
Manitoba,  or  of  any  other  Act  hereafter  establishing  new 
Provinces  in  the  said  Dominion,  subject  always  to  the  right 
of  the  legislature  of  the  Province  of  Manitoba  to  alter  from 
time  to  time  the  provisions  of  any  law  respecting  the  quali- 
fication of  electors  and  members  of  the  legislative  assembly, 
and  to  make  laws  respecting  elections  in  the  said  Province. 

THE  PARLIAMENT  OF  CANADA  ACT 

[38  &  39  Victoria,  cap.  38] 

1875 

An  Act  to  remove  certain  doubts  with  respect  to  the  powers 
of  the  Parliament  of  Canada  under  section  eighteen  of 
the  British  North  America  Act,  1867. 

Whereas  by  section  eighteen  of  the  British  North 
America  Act,  1867,  it  is  provided  as  follows: 

"  The  privileges,  immunities,  and  powers  to  be  held,  en- 
joyed, and  exercised  by  the  Senate  and  by  the  House  of 
Commons,  and  by  the  members  thereof  respectively,  shall 
be  such  as  are  from  time  to  time  defined  by  Act  of  the 
Parliament  of  Canada,  but  so  that  the  same  shall  never 
exceed  those  at  the  passing  of  this  Act,  held,  enjoyed,  and 
exercised  by  the  Commons  House  of  Parliament  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  and  by  the 
members  thereof." 

And  whereas  doubts  have  arisen  with  regard  to  the  power 
of  defining  by  an  Act  of  the  Parliament  of  Canada,  in  pur- 
suance of  the  said  section,  the  said  privileges,  powers,  or 
immunities;  and  it  is  expedient  to  remove  such  doubts: 


196     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Be  it  therefore  enacted  by  the  Queen's  most  excellent 
Majesty,  by  and  with  the  advice  and  consent  of  the  Lords 
spiritual  and  temporal,  and  Commons,  in  this  present  Par- 
liament assembled,  and  by  the  authority  of  the  same,  as 
follows : 

1.  Section  eighteen  of  the  British  North  America  Act, 
1867,  is  hereby  repealed  without  prejudice  to  anything  done 
under  that  section,  and  the  following  section  shall  be  sub- 
stituted for  the  section  so  repealed. 

The  privileges,  immunities,  and  powers  to  be  held,  en- 
joyed and  exercised  by  the  Senate  and  by  the  House  of 
Commons,  and  by  the  members  thereof,  respectively,  shall 
be  such  as  are  from  time  to  time  defined  by  Act  of  the  Par- 
liament of  Canada,  but  so  that  any  Act  of  the  Parliament  of 
Canada  defining  such  privileges,  immunities,  and  powers 
shall  not  confer  any  privileges,  immunities,  or  powers  ex- 
ceeding those  at  the  passing  of  such  Act,  held,  enjoyed, 
and  exercised  by  the  Commons  House  of  Parliament  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  by  the 
members  thereof. 

2.  The  Act  of  the  Parliament  of  Canada  passed  in  the 
thirty-first  year  of  the  reign  of  her  present  Majesty, 
chapter  twenty-four,  entitled  "  An  Act  to  provide  for  oaths 
to  witnesses  being  administered  in  certain  cases  for  the 
purposes  of  either  House  of  Parliament,"  shall  be  deemed 
to  be  valid,  and  to  have  been  valid  as  from  the  date  at 
which  the  royal  assent  was  given  thereto  by  the  Governor 
General  of  the  Dominion  of  Canada. 

3.  This  Act  may  be  cited  as  the  Parliament  of  Canada 
Act,  1875. 


CANADA  197 


THE  BRITISH  NORTH  AMERICA  ACT 

[49  &  50  Victoria,  cap.  35] 

1886 

An  Act  respecting  the  presentation  in  the  Parliament  of 
Canada  of  Territories  which  for  the,  time  being  form  part 
of  the  Dominion  of  Canada,  but  are  not  included  in  any 
Province. 

Whereas  it  is  expedient  to  empower  the  Parliament  of 
Canada  to  provide  for  the  representation  in  the  Senate  and 
House  of  Commons  of  Canada,  or  either  of  them,  of  any 
territory  which  for  the  time  being  forms  part  of  the 
Dominion  of  Canada,  but  is  not  included  in  any  Province: 

Be  it  therefore  enacted  by  the  Queen's  most  excellent 
Majesty,  by  and  with  the  advice  and  consent  of  the  Lords 
spiritual  and  temporal,  and  Commons,  in  this  present 
Parliament  assembled,  and  by  the  authority  of  the  same,  as 
follows : — 

1.  The  Parliament  of  Canada  may,  from  time  to  time, 
make  provision  for  the  representation  in  the  Senate  and 
House  of  Commons  of  Canada,  or  in  either  of  them,  of  any 
territories  which  for  the  time  being  form  part  of  the 
Dominion  of  Canada,  but  are  not  included  in  any  Province 
thereof. 

2.  Any  Act  passed  by  the  Parliament  of  Canada  before 
the  passing  of  this  Act  for  the  purpose  mentioned  in  this 
Act  shall,  if  not  disallowed  by  the  Queen,  be,  and  shall  be 
deemed  to  have  been  valid  and  effectual  from  the  date  at 
which  it  received  the  assent,  in  Her  Majesty's  name,  of  the 
Governor  General  of  Canada. 

It  is  hereby  declared  that  any  Act  passed  by  the  Parlia- 


198     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

ment  of  Canada,  whether  before  or  after  the  passing  of  this 
Act,  for  the  purpose  mentioned  in  this  Act,  or  in  the  British 
North  America  Act,  1871,  has  effect,  notwithstanding  any- 
thing in  the  British  North  America  Act,  1867,  and  the 
number  of  Senators  or  the  number  of  members  of  the  House 
of  Commons  specified  in  the  last  mentioned  Act  is  increased 
by  the  number  of  Senators  or  of  members,  as  the  case  may 
be,  provided  by  any  such  Act  of  the  Parliament  of  Canada, 
for  the  representation  of  any  Provinces,  or  territories  of 
Canada. 

3.  This  Act  may  be  cited  as  the  British  North  America 
Act,  1886. 

This  Act  and  the  British  North  America  Act,  1867,  and 
the  British  North  America  Act,  1871,  shall  be  construed 
together,  and  may  be  cited  together  as  the  British  North 
America  Acts,  1867  to  1886. 


PART  IV 
AUSTRALIA 


HISTORICAL  RESUME 

In  1900  the  six  Australian  Colonies  had  all  received  responsible  parliamentary 
governments.  By  an  Imperial  statute  of  that  year  they  were  united  in 
a  Commonwealth,  federal  in  its  nature.  This  Constitution  has  been  amended  by 
the  action  of  the  citizens  of  the  Commonwealth  in  1907  and  1910. 


COMMONWEALTH  OF  AUSTRALIA 
CONSTITUTION  ACT 

[63  &  64  Victoria,  cap.  12] 

1900 

An  Act  to  constitute  the  Commonwealth  of  Australia. 

Whereas  the  people  of  New  South  Wales,  Victoria, 
South  Australia,  Queensland,  and  Tasmania,  humbly  re- 
lying on  the  blessing  of  Almighty  God,  have  agreed  to  unite 
in  one  indissoluble  Federal  Commonwealth  under  the  Crown 
of  the  United  Kingdom  of  Great  Britain  and  Ireland,  and 
under  the  Constitution  hereby  established: 

And  whereas  it  is  expedient  to  provide  for  the  admission 
into  the  Commonwealth  of  other  Australasian  Colonies  and 
possessions  of  the  Queen: 

Be  is  therefore  enacted  by  the  Queen's  most  excellent 
Majesty,  by  and  with  the  advice  and  consent  of  the  Lords 
spiritual  and  temporal,  and  Commons,  in  this  present  Par- 
liament assembled,  and  by  the  authority  of  the  same,  as 
follows : 

1.  This  Act  may  be  cited  as  the  Commonwealth  of 
Australia  Constitution  Act. 

2.  The  provisions  of  this  Act  referring  to  the  Queen  shall 
extend  to  Her  Majesty's  heirs  and  successors  in  the  Sover- 
eignty of  the  United  Kingdom. 

3.  It  shall  be  lawful  for  the  Queen,  with  the  advice  of 
the  Privy  Council,  to  declare  by  proclamation  that,  on  and 
after  a  day  therein  appointed,  not  being  later  than  one  year 
after  the  passing  of  this  Act,  the  people  of  New  South 
Wales,  Victoria,   South  Australia,  Queensland,   and  Tas- 

201 


202     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

mania,  and  also,  if  Her  Majesty  is  satisfied  that  the  people 
of  Western  Australia  have  agreed  thereto,  of  Western  Aus- 
tralia, shall  be  united  in  a  Federal  Commonwealth  under  the 
name  of  the  Commonwealth  of  Australia.  But  the  Queen 
may,  at  any  time  after  the  proclamation,  appoint  a  Gover- 
nor General  for  the  Commonwealth. 

4.  The  Commonwealth  shall  be  established,  and  the  Con- 
stitution of  the  Commonwealth  shall  take  effect,  on  and  after 
the  day  so  appointed.  But  the  Parliaments  of  the  several 
Colonies  may  at  any  time  after  the  passing  of  this  Act 
make  any  such  laws,  to  come  into  operation  on  the  day  so 
appointed,  as  they  might  have  made  if  the  Constitution  had 
taken  effect  at  the  passing  of  this  Act. 

5.  This  Act,  and  all  laws  made  by  the  Parliament  of 
the  Commonwealth  under  the  Constitution,  shall  be  binding 
on  the  courts,  judges,  and  people  of  every  State  and  of 
every  part  of  the  Commonwealth,  notwithstanding  anything 
in  the  laws  of  any  State;  and  the  laws  of  the  Commonwealth 
shall  be  in  force  on  all  British  ships,  the  Queen's  ships  of 
war  excepted,  whose  first  port  of  clearance  and  whose  port 
of  destination  are  in  the  Commonwealth. 

6.  "  The  Commonwealth  "  shall  mean  the  Commonwealth 
of  Australia  as  established  under  this  Act. 

"  The  States  "  shall  mean  such  of  the  Colonies  of  New 
South  Wales,  New  Zealand,  Queensland,  Tasmania,  Vic- 
toria, Western  Australia,  and  South  Australia,  including  the 
Northern  Territory  of  South  Australia,  as  for  the  time 
being  are  parts  of  the  Commonwealth,  and  such  Colonies 
or  Territories  as  may  be  admitted  into  or  established  by  the 
Commonwealth  as  States;  and  each  of  such  parts  of  the 
Commonwealth  shall  be  called  a  "  State." 

"  Original  States"  shall  mean  such  States  as  are  parts  of 
the  Commonwealth  at  its  establishment. 


AUSTRALIA  203 

7.  The  Federal  Council  of  Australasia  Act,  1885,  is  here- 
by repealed,  but  so  as  not  to  affect  any  laws  passed  by  the 
Federal  Council  of  Australasia  and  in  force  at  the  establish- 
ment of  the  Commonwealth. 

Any  such  law  may  be  repealed  as  to  any  State  by  the 
Parliament  of  the  Commonwealth,  or  as  to  any  Colony  not 
being  a  State  by  the  Parliament  thereof. 

8.  After  the  passing  of  this  Act  the  Colonial  Boundaries 
Act,  1895,  shall  not  apply  to  any  Colony  which  becomes  a 
State  of  the  Commonwealth;  but  the  Commonwealth  shall 
be  taken  to  be  a  self-governing  Colony  for  the  purposes  of 
that  Act. 

9.  The  Constitution  of  the  Commonwealth  shall  be  as 
follows : 

THE  CONSTITUTION 

This  Constitution  is  divided  as  follows: — 


Chaptjeb 

L 

The  Parliament: 

Part 

I. 

General : 

Part 

II. 

The  Senate: 

Part 

III. 

The  House  of  Representatives 

Part 

IV. 

Both  Houses  of  Parliament: 

Part 

V. 

Powers  of  the  Parliament: 

Chapter 

II. 

The  Executive  Government: 

Chapter 

III. 

The  Judicature: 

Chapter 

IV. 

Finance  and  Trade: 

Chapter 

V. 

The  States: 

Chapter 

VI. 

New  States: 

Chapter 

VII. 

Miscellaneous : 

Chapter  VIII. 

Alteration  of  the  Constitution 

The  Schedule. 

Chapter  I. — The  Parliament 

PART   I. GENERAL 


1.    The  legislative  power  of  the  Commonwealth  shall  be 
vested  in  a  Federal  Parliament,  which  shall  consist  of  the 


204     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Queen,  a  Senate,  and  a  House  of  Representatives,  and 
which  is  hereinafter  called  "  The  Parliament,"  or  "  The  Par- 
liament of  the  Commonwealth." 

2.  A  Governor  General  appointed  by  the  Queen  shall  be 
Her  Majesty's  representative  in  the  Commonwealth;  and 
shall  have  and  may  exercise  in  the  Commonwealth  during 
the  Queen's  pleasure,  but  subject  to  the  Constitution,  such 
powers  and  functions  of  the  Queen  as  her  Majesty  may  be 
pleased  to  assign  to  him. 

3.  There  shall  be  payable  to  the  Queen  out  of  the  Con- 
solidated Revenue  Fund  of  the  Commonwealth,  for  the 
salary  of  the  Governor  General,  an  annual  sum  which,  until 
the  Parliament  otherwise  provides,  shall  be  ten  thousand 
pounds. 

The  salary  of  a  Governor  General  shall  not  be  altered 
during  his  continuance  in  office. 

4.  The  provisions  of  this  Constitution  relating  to  the 
Governor  General  extend  and  apply  to  the  Governor  Gen- 
eral for  the  time  being,  or  such  person  as  the  Queen  may 
appoint  to  administer  the  Government  of  the  Common- 
wealth; but  no  such  person  shall  be  entitled  to  receive  any 
salary  from  the  Commonwealth  in  respect  of  any  other 
office  during  his  administration  of  the  Government  of  the 
Commonwealth. 

5.  The  Governor  General  may  appoint  such  times  for 
holding  the  sessions  of  the  Parliament  as  he  thinks  fit,  and 
may  also  from  time  to  time,  by  proclamation  or  otherwise, 
prorogue  the  Parliament,  and  may  in  like  manner  dissolve 
the  House  of  Representatives. 

After  any  general  election  the  Parliament  shall  be  sum- 
moned to  meet  not  later  than  thirty  days  after  the  day 
appointed  for  the  return  of  the  writs. 


AUSTRALIA  205 

The  Parliament  shall  be  summoned  to  meet  not  later  than 
six  months  after  the  establishment  of  the  Commonwealth. 

6.  There  shall  be  a  session  of  the  Parliament  once  at 
least  in  every  year,  so  that  twelve  months  shall  not  intervene 
between  the  last  sitting  of  the  Parliament  in  one  session  and 
its  first  sitting  in  the  next  session. 

PART   II. — THE   SENATE 

7.  The  Senate  shall  be  composed  of  Senators  for  each 
State,  directly  chosen  by  the  people  of  the  State,  voting, 
until  the  Parliament  otherwise  provides,  as  one  electorate. 

But  until  the  Parliament  of  the  Commonwealth  otherwise 
provides,  the  Parliament  of  the  State  of  Queensland,  if  that 
State  be  an  Original  State,  may  make  laws  dividing  the 
State  into  divisions  and  determining  the  number  of  Senators 
chosen  for  each  division,  and  in  the  absence  of  such  pro- 
vision the  State  shall  be  one  electorate. 

Until  the  Parliament  otherwise  provides  there  shall  be  six 
Senators  for  each  Original  State.  The  Parliament  may 
make  laws  increasing  or  diminishing  the  number  of  Senators 
for  each  State,  but  so  that  equal  representation  of  the  sev- 
eral Original  States  shall  be  maintained  and  that  no  Original 
State  shall  have  less  than  six  Senators. 

The  Senators  shall  be  chosen  for  a  term  of  six  years, 
and  the  names  of  the  Senators  chosen  for  each  State  shall 
be  certified  by  the  Governor  to  the  Governor  General. 

8.  The  qualification  of  electors  of  Senators  shall  be  in 
each  State  that  which  is  prescribed  by  this  Constitution,  or 
by  the  Parliament,  as  the  qualification  for  electors  of  mem- 
bers of  the  House  of  Representatives;  but  in  the  choosing 
of  Senators  each  elector  shall  vote  only  once. 


206    AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

9.  The  Parliament  of  the  Commonwealth  may  make  laws 
prescribing  the  method  of  choosing  Senators,  but  so  that 
the  method  shall  be  uniform  for  all  the  States.  Subject  to 
any  such  law,  the  Parliament  of  each  State  may  make  laws 
prescribing  the  method  of  choosing  the  Senators  for  that 
State. 

The  Parliament  of  a  State  may  make  laws  for  determin- 
ing the  times  and  places  of  elections  of  Senators  for  the 
State. 

10.  Until  the  Parliament  otherwise  provides,  but  subject 
to  this  Constitution,  the  laws  in  force  in  each  State,  for  the 
time  being,  relating  to  elections  for  the  more  numerous 
House  of  the  Parliament  of  the  State  shall,  as  nearly  as 
practicable,  apply  to  elections  of  Senators  for  the  State. 

11.  The  Senate  may  proceed  to  the  despatch  of  business, 
notwithstanding  the  failure  of  any  State  to  provide  for  its 
representation  in  the  Senate. 

12.  The  Governor  of  any  State  may  cause  writs  to  be 
issued  for  elections  of  Senators  for  the  State.  In  case  of 
the  dissolution  of  the  Senate  the  writs  shall  be  issued  within 
ten  days  from  the  proclamation  of  such  dissolution. 

13.  As  soon  as  may  be  after  the  Senate  first  meets,  and 
after  each  first  meeting  of  the  Senate  following  a  dissolution 
thereof,  the  Senate  shall  divide  the  Senators  chosen  for  each 
State  into  two  classes,  as  nearly  equal  in  number  as  prac- 
ticable ;  and  the  places  of  the  Senators  of  the  first  class  shall 
become  vacant  at  the  expiration  of  the  third  year,  and  the 
places  of  those  of  the  second  class  at  the  expiration  of  the 
sixth  year,  from  the  beginning  of  their  term  of  service ;  and 
afterwards  the  places  of  Senators  shall  become  vacant  at  the 
expiration  of  six  years  from  the  beginning  of  their  term  of 
service. 


AUSTRALIA  207 

The  election  to  fill  vacant  places  shall  be  made  in  the 
year  at  the  expiration  of  which  the  places  are  to  become 
vacant. 

For  the  purposes  of  this  section  the  term  of  service  of  a 
Senator  shall  be  taken  to  begin  on  the  first  day  of  January 
following  the  day  of  his  election,  except  in  the  cases  of  the 
first  election  and  of  the  election  next  after  any  dissolution 
of  the  Senate,  when  it  shall  be  taken  to  begin  on  the  first 
day  of  January  preceding  the  day  of  his  election.1 

14.  Whenever  the  number  of  Senators  for  a  State  is  in- 
creased or  diminished,  the  Parliament  of  the  Commonwealth 
may  make  such  provision  for  the  vacating  of  the  places  of 
Senators  for  the  State  as  it  deems  necessary  to  maintain 
regularity  in  the  rotation. 

15.  If  the  place  of  a  Senator  becomes  vacant  before  the 
expiration  of  his  term  of  service,  the  Houses  of  Parliament 
of  the  State  for  which  he  was  chosen  shall,  sitting  and  voting 
together,  choose  a  person  to  hold  the  place  until  the  expira- 
tion of  the  term,  or  until  the  election  of  a  successor  as  here- 
inafter provided,  whichever  first  happens.  But  if  the  Houses 
of  Parliament  of  the  State  are  not  in  session  at  the  time 
when  the  vacancy  is  notified,  the  Governor  of  the  State, 
with  the  advice  of  the  Executive  Council  thereof,  may  ap- 
point a  person  to  hold  the  place  until  the  expiration  of 
fourteen  days  after  the  beginning  of  the  next  session  of  the 
Parliament  of  the  State,  or  until  the  election  of  a  successor, 
whichever  first  happens. 

At  the  next  general  election  of  members  of  the  House  of 
Representatives,  or  at  the  next  election  of  Senators  for  the 
State,  whichever  first  happens,  a  successor  shall,  if  the  term 
has  not  then  expired,  be  chosen  to  hold  the  place  from  the 
date  of  his  election  until  the  expiration  of  the  term. 

The  name  of  any  Senator  so  chosen  or  appointed  shall  be 

i  Section  13  was  changed  in  1907;  see,  below,  pp.  241-242. 


208      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

certified  by  the  Governor   of  the   State  to   the   Governor 
General. 

16.  The  qualifications  of  a  Senator  shall  be  the  same  as 
those  of  a  member  of  the  House  of  Representatives. 

17.  The  Senate  shall,  before  proceeding  to  the  despatch 
of  any  other  business,  choose  a  Senator  to  be  the  President 
of  the  Senate;  and  as  often  as  the  office  of  President  be- 
comes vacant  the  Senate  shall  again  choose  a  Senator  to  be 
the  President. 

The  President  shall  cease  to  hold  his  office  if  he  ceases  to 
be  a  Senator.  He  may  be  removed  from  office  by  a  vote 
of  the  Senate,  or  he  may  resign  his  office  or  his  seat  by 
writing  addressed  to  the  Governor  General. 

18.  Before  or  during  any  absence  of  the  President,  the 
Senate  may  choose  a  Senator  to  perform  his  duties  in  his 
absence. 

19.  A  Senator  may,  by  writing  addressed  to  the  Presi- 
dent, or  to  the  Governor  General  if  there  is  no  President 
or  if  the  President  is  absent  from  the  Commonwealth,  resign 
his  place,  which  thereupon  shall  become  vacant. 

20.  The  place  of  a  Senator  shall  become  vacant  if  for 
two  consecutive  months  of  any  session  of  the  Parliament  he, 
without  the  permission  of  the  Senate,  fails  to  attend  the 
Senate. 

21.  Whenever  a  vacancy  happens  in  the  Senate,  the  Pres- 
ident, or  if  there  is  no  President  or  if  the  President  is  absent 
from  the  Commonwealth,  the  Governor  General  shall  notify 
the  same  to  the  Governor  of  the  State  in  the  representation 
of  which  the  vacancy  has  happened. 

22.  Until  the  Parliament  otherwise  provides,  the  presence 
of  at  least  one-third  of  the  whole  number  of  the  Senators 
shall  be  necessarjr  to  constitute  a  meeting  of  the  Senate  for 
the  exercise  of  its  powers. 


AUSTRALIA  209 

23.  Questions  arising  in  the  Senate  shall  be  determined 
by  a  majority  of  votes;  and  each  Senator  shall  have  one 
vote.  The  President  shall  in  all  cases  be  entitled  to  a  vote; 
and  when  the  votes  are  equal  the  question  shall  pass  in  the 
negative. 

PART    III. THE    HOUSE   OF   REPRESENTATIVES 

24.  The  House  of  Representatives  shall  be  composed  of 
members  directly  chosen  by  the  people  of  the  Common- 
wealth, and  the  number  of  such  members  shall  be,  as  nearly 
as  practicable,  twice  the  number  of  the  senators. 

The  number  of  members  chosen  in  the  several  States  shall 
be  in  proportion  to  the  respective  numbers  of  their  people, 
and  shall,  until  the  Parliament  otherwise  provides,  be  de- 
termined, whenever  necessary,  in  the  following  manner: — 
(i)    A  quota  shall  be  ascertained  by  dividing  the  number  of 
the  people  of  the  Commonwealth,   as  shown  by  the 
latest  statistics  of  the   Commonwealth,   by  twice  the 
number  of  the  Senators : 
(ii)   The  number  of  members  to  be  chosen  in  each  State 
shall  be  determined  by  dividing  the  number  of  the 
people  of  the  State,  as  shown  by  the  latest  statistics 
of  the  Commonwealth,  by  the  quota;  and  if  on  such 
division  there  is  a  remainder  greater  than  one-half  of 
the  quota,  one  more  member  shall  be  chosen  in  the 
State. 
But  notwithstanding  anything  in  this  section,  five  mem- 
bers at  least  shall  be  chosen  in  each  Original  State. 

25.  For  the  purposes  of  the  last  section,  if  by  the  law  of 
any  State  all  persons  of  any  race  are  disqualified  from 
voting  at  elections  for  the  more  numerous  House  of  the 
Parliament  of  the  State,  then,  in  reckoning  the  number  of 


210      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

the  people  of  the  State  or  of  the  Commonwealth,  persons 
of  that  race  resident  in  that  State  shall  not  be  counted. 

26.  Notwithstanding  anything  in  section  twenty-four,  the 
number  of  members  to  be  chosen  in  each  State  at  the  first 
election  shall  be  as  follows : 

New  South  Wales Twenty- three ; 

Victoria    Twenty; 

Queensland     Eight; 

South  Australia   Six; 

Tasmania    Five. 

Provided  that  if  Western  Australia  is  an  Original  State, 
the  number  shall  be  as  follows: 

New  South  Wales Twenty-six; 

Victoria    Twenty-three ; 

Queensland     Nine ; 

South  Australia   Seven ; 

Western  Australia Five ; 

Tasmania    Five. 

27.  Subject  to  this  Constitution,  the  Parliament  may 
make  laws  for  increasing  or  diminishing  the  number  of  the 
members  of  the  House  of  Representatives. 

28.  Every  House  of  Representatives  shall  continue  for 
three  years  from  the  first  meeting  of  the  House,  and  no 
longer,  but  may  be  sooner  dissolved  by  the  Governor 
General. 

29.  Until  the  Parliament  of  the  Commonwealth  otherwise 
provides,  the  Parliament  of  any  State  may  make  laws  for 
determining  the  divisions  in  each  State  for  which  members 
of  the  House  of  Representatives  may  be  chosen,  and  the 
number  of  members  to  be  chosen  for  each  division.  A  di- 
vision shall  not  be  formed  out  of  parts  of  different  States. 

In  the  absence  of  other  provision,  each  State  shall  be  one 
electorate. 

30.  Until  the  Parliament  otherwise  provides,  the  qualifi- 


AUSTRALIA  211 

cation  of  electors  of  members  of  the  House  of  Representa- 
tives shall  be  in  each  State  that  which  is  prescribed  by  the 
law  of  the  State  as  the  qualification  of  electors  of  the  more 
numerous  House  of  Parliament  of  the  State;  but  in  the 
choosing  of  members  each  elector  shall  vote  only  once. 

31.  Until  the  Parliament  otherwise  provides,  but  subject 
to  this  Constitution,  the  laws  in  force  in  each  State  for  the 
time  being  relating  to  elections  for  the  more  numerous 
House  of  the  Parliament  of  the  State  shall,  as  nearly  as 
practicable,  apply  to  elections  in  the  State  of  members  of 
the  House  of  Representatives. 

32.  The  Governor  General  in  Council  may  cause  writs  to 
be  issued  for  general  elections  of  members  of  the  House  of 
Representatives . 

After  the  first  general  election,  the  writs  shall  be  issued 
within  ten  days  from  the  expiry  of  a  House  of  Representa- 
tives or  from  the  proclamation  of  a  dissolution  thereof. 

33.  Whenever  a  vacancy  happens  in  the  House  of  Repre- 
sentatives, the  Speaker  shall  issue  his  writ  for  the  election 
of  a  new  member,  or  if  there  is  no  Speaker  or  if  he  is 
absent  from  the  Commonwealth  the  Governor  General  in 
Council  may  issue  the  writ. 

34.  Until  the  Parliament  otheiwise  provides,  the  qualifi- 
cations of  a  member  of  the  House  of  Representatives  shall 
be  as  follows: 

(i)  He  must  be  of  the  full  age  of  twenty-one  years,  and 
must  be  an  elector  entitled  to  vote  at  the  election  of 
members  of  the  House  of  Representatives,  or  a  person 
qualified  to  become  such  elector,  and  must  have  been 
for  three  years  at  the  least  a  resident  within  the  limits 
of  the  Commonwealth  as  existing  at  the  time  when  he 
is  chosen: 

(ii)   He  must  be  a  subject  of  the  Queen,  either  natural-born 


212     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

or  for  at  least  five  years  naturalized  under  a  law  of 
the  United  Kingdom,  or  of  a  Colony  which  has  become 
or  becomes  a  State,  or  of  the  Commonwealth  or  of  a 
State. 

35.  The  House  of  Representatives  shall,  before  proceed- 
ing to  the  despatch  of  any  other  business,  choose  a  member 
to  be  the  Speaker  of  the  House,  and  as  often  as  the  office  of 
Speaker  becomes  vacant  the  House  shall  again  choose  a 
member  to  be  the  Speaker. 

The  Speaker  shall  cease  to  hold  his  office  if  he  ceases  to 
be  a  member.  He  may  be  removed  from  office  by  a  vote 
of  the  House,  or  he  may  resign  his  office  or  his  seat  by 
writing  addressed  to  the  Governor  General. 

36.  Before  or  during  any  absence  of  the  Speaker,  the 
House  of  Representatives  may  choose  a  member  to  perform 
his  duties  in  his  absence. 

37.  A  member  may  by  writing  addressed  to  the  Speaker, 
or  to  the  Governor  General  if  there  is  no  Speaker  or  if 
the  Speaker  is  absent  from  the  Commonwealth,  resign  his 
place,  which  thereupon  shall  become  vacant. 

38.  The  place  of  a  member  shall  become  vacant  if  for  two 
consecutive  months  of  any  session  of  the  Parliament  he, 
without  the  permission  of  the  House,  fails  to  attend  the 
House. 

39.  Until  the  Parliament  otherwise  provides,  the  presence 
of  at  least  one-third  of  the  whole  number  of  the  members 
of  the  House  of  Representatives  shall  be  necessary  to  con- 
stitute a  meeting  of  the  House  for  the  exercise  of  its  powers. 

40.  Questions  arising  in  the  House  of  Representatives 
shall  be  determined  by  a  majority  of  votes  other  than  that 
of  the  Speaker.  The  Speaker  shall  not  vote  unless  the 
numbers  are  equal,  and  then  he  shall  have  a  casting  vote. 


AUSTRALIA  213 

PART    IV. BOTH    HOUSES   OF   THE   PARLIAMENT 

41.  No  adult  person  who  has  or  acquires  a  right  to  vote 
at  elections  for  the  more  numerous  House  of  the  Parliament 
of  a  State  shall,  while  the  right  continues,  be  prevented  by 
any  law  of  the  Commonwealth  from  voting  at  elections  for 
either  House  of  the  Parliament  of  the  Commonwealth. 

42.  Every  Senator  and  every  member  of  the  House  of 
Representatives  shall  before  taking  his  seat  make  and  sub- 
scribe before  the  Governor  General,  or  some  person  auth- 
orized by  him,  an  oath  or  affirmation  of  allegiance  in  the 
form  set  forth  in  the  schedule  to  this  Constitution. 

43.  A  member  of  either  House  of  the  Parliament  shall 
be  incapable  of  being  chosen  or  of  sitting  as  a  member  of 
the  other  House. 

44.  Any  person  who — 

(i)  Is  under  any  acknowledgement  of  allegiance,  obedience, 
or  adherence  to  a  foreign  power,  or  is  a  subject  or  a 
citizen  or  entitled  to  the  rights  or  privileges  of  a  subject 
or  a  citizen  of  a  foreign  power:  or 

(ii)  Is  attainted  of  treason,  or  has  been  convicted  and  is 
under  sentence,  or  subject  to  be  sentenced,  for  any 
offence  punishable  under  the  law  of  the  Commonwealth 
or  of  a  State  by  imprisonment  for  one  year  or  longer: 
or 

(iii)    Is  an  undischarged  bankrupt  or  insolvent:  or 

(iv)  Holds  any  office  of  profit  under  the  Crown,  or  any 
pension  payable  during  the  pleasure  of  the  Crown  out 
of  any  of  the  revenues  of  the  Commonwealth:  or 

(v)  Has  any  direct  or  indirect  pecuniary  interest  in  any 
agreement  with  the  public  service  of  the  Common- 
wealth otherwise  than  as  a  member  and  in  common  with 


214     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

the  other  members  of  an  incorporated  company  consist- 
ing of  more  than  twenty-five  persons: 
shall  be  incapable  of  being  chosen  or  of  sitting  as  a  Senator 
or  a  member  of  the  House  of  Representatives. 

But  sub-section  iv  does  not  apply  to  the  office  of  any  of 
the  Queen's  Ministers  of  State  for  the  Commonwealth,  or  of 
any  of  the  Queen's  Ministers  for  a  State,  or  to  the  receipt 
of  pay,  half -pay,  or  a  pension  by  any  person  as  an  officer 
or  member  of  the  Queen's  navy  or  army,  or  to  the  receipt 
of  pay  as  an  officer  or  member  of  the  naval  or  military 
forces  of  the  Commonwealth  by  any  person  whose  services 
are  not  wholly  employed  by  the  Commonwealth. 

45.    If  a  Senator  or  member  of  the  House  of  Repre- 
sentatives— 
(i)    Becomes  subject  to  any  of  the  disabilities  mentioned  in 

the  last  preceding  section:  or 
(ii)   Takes  the  benefit,  whether  by  assignment,  composition, 
or  otherwise,  of  any  law  relating  to  bankrupt  or  in- 
solvent debtors:  or 
(iii)   Directly  or  indirectly  takes  or  agrees  to  take  any  fee 
or  honorarium  for  services  rendered  to  the  Common- 
wealth, or  for  services  rendered  in  the  Parliament  to 
any  person  or  State : 
his  place  shall  thereupon  become  vacant. 

46.  Until  the  Parliament  otherwise  provides,  any  per- 
son declared  by  this  Constitution  to  be  incapable  of  sitting 
as  a  Senator  or  as  a  member  of  the  House  of  Representa- 
tives shall,  for  every  day  on  which  he  so  sits,  be  liable  to 
pay  the  sum  of  one  hundred  pounds  to  any  person  who  sues 
for  it  in  any  court  of  competent  jurisdiction. 

47.  Until  the  Parliament  otherwise  provides,  any  ques- 
tion respecting  the  qualification  of  a  Senator  or  of  a  member 
of  the  House  of  Representatves,  or  respectng  a  vacancy  in 


AUSTRALIA  215 

either  House  of  the  Parliament,  and  any  question  of  a  dis- 
puted election  to  either  House,  shall  be  determined  by  the 
House  in  which  the  question  arises. 

48.  Until  the  Parliament  otherwise  provides,  each  Sena- 
tor and  each  member  of  the  House  of  Representatives  shall 
receive  an  allowance  of  four  hundred  pounds  a  year,  to  be 
reckoned  from  the  day  on  which  he  takes  his  seat. 

49.  The  powers,  privileges,  and  immunities  of  the  Senate 
and  of  the  House  of  Representatives,  and  of  the  members 
and  the  committees  of  each  House,  shall  be  such  as  are 
declared  by  the  Parliament,  and  until  declared  shall  be  those 
of  the  Commons  House  of  Parliament  of  the  United  King- 
dom, and  of  its  members  and  committees,  at  the  establish- 
ment of  the  Commonwealth. 

50.    Each  House  of  the  Parliament  may  make  rules 

and  orders  with  respect  to: 

(i)  The  mode  in  which  its  powers,  privileges,  and  immuni- 
ties may  be  exercised  and  upheld: 

(ii)  The  order  and  conduct  of  its  business  and  proceed- 
ings either  separately  or  jointly  with  the  other  House. 

PART  V. — POWERS   OF  THE   PARLIAMENT 

51.    The  Parliament  shall,  subject  to  this  Constitution, 
have  power  to  make  laws  for  the  peace,  order,  and  good 
government  of  the  Commonwealth  with  respect  to: 
(i)    Trade  and  commerce  with  other  countries,  and  among 

the  States: 
(ii)   Taxation;  but  so  as  not  to  discriminate  between  States 

or  parts  of  States: 
(iii)   Bounties  on  the  production  or  export  of  goods,  but  so 

that  such  bounties   shall  be  uniform  throughout  the 

Commonwealth : 


216     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

(iv)  Borrowing  money  on  the  public  credit  of  the  Common- 
wealth : 

(v)    Postal,  telegraphic,  telephonic,  and  other  like  services: 

(vi)  The  naval  and  military  defence  of  the  Commonwealth 
and  of  the  several  States,  and  the  control  of  the  forces 
to  execute  and  maintain  the  laws  of  the  Common- 
wealth : 

(vii)   Light-houses,  light-ships,  beacons  and  buoys: 

(viii)   Astronomical  and  meteor  logical  observations: 

(ix)    Quarantine: 

(x)   Fisheries  in  Australian  waters  beyond  territorial  limits: 

(xi)    Census  and  statistics: 

(xii)    Currency,  coinage,  and  legal  tender: 

(xiii)  Banking,  other  than  State  banking;  also  State  bank- 
ing extending  beyond  the  limits  of  the  State  concerned, 
the  incorporation  of  banks,  and  the  issue  of  paper 
money : 

(xiv)  Insurance,  other  than  State  insurance;  also  State  in- 
surance extending  beyond  the  limits  of  the  State  con- 
cerned : 

(xv)   Weights  and  measures: 

(xvi)   Bills  of  exchange  and  promissory  notes: 

(xvii)   Bankruptcy  and  insolvency: 

(xviii)  Copyrights,  patents  of  inventions  and  designs,  and 
trade  marks: 

(xix)    Naturalization  and  aliens: 

(xx)  Foreign  corporations,  and  trading  or  financial  cor- 
porations formed  within  the  limits  of  the  Common- 
wealth : 

(xxi)    Marriage: 

(xxii)  Divorce  and  matrimonial  causes;  and  in  relation 
thereto,  parental  rights,  and  the  custody  and  guardian- 
ship of  infants : 


AUSTRALIA  217 

(xxiii)    Invalid  and  old-age  pensions: 

(xxiv)  The  service  and  execution  throughout  the  Common- 
wealth of  the  civil  and  criminal  process  and  the  judg- 
ments of  the  courts  of  the  States : 

(xxv)  The  recognition  throughout  the  Commonwealth  of 
the  laws,  the  public  acts  and  records,  and  the  judicial 
proceedings  of  the  States: 

(xxvi)  The  people  of  any  race,  other  than  the  aboriginal 
race  in  any  State,  for  whom  it  is  deemed  necessary  to 
make  special  laws : 

(xxvii)    Immigration  and  emigration: 

(xxviii)   The  influx  of  criminals: 

(xxix)   External  affairs : 

(xxx)  The  relations  of  the  Commonwealth  with  the  islands 
of  the  Pacific: 

(xxxi)  The  acquisition  of  property  on  just  terms  from 
any  State  or  person  for  any  purpose  in  respect  of 
which  the  Parliament  has  power  to  make  laws : 

(xxxii)  The  control  of  railways  with  respect  to  transport 
for  the  naval  and  military  purposes  of  the  Common- 
wealth : 

(xxxiii)  The  acquistion,  with  the  consent  of  a  State,  of  any 
railways  of  the  State  on  terms  arranged  between  the 
Commonwealth  and  the  State: 

(xxxiv)  Railway  construction  and  extension  in  any  State 
with  the  consent  of  that  State: 

(xxxv)  Conciliation  and  arbitration  for  the  prevention  and 
settlement  of  industrial  disputes  extending  beyond  the 
limits  of  any  one  State: 

(xxxvi)  Matters  in  respect  of  which  this  Constitution  makes 
provision  until  the  Parliament  otherwise  provides : 

(xxxvii)  Matters  referred  to  the  Parliament  of  the  Com- 
monwealth by  the  Parliament  or  Parliaments  of  any 


218     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

State  or  States,  but  so  that  the  law  shall  extend  only  to 
States  by  whose  Parliaments  the  matter  is  referred,  or 
which  aferwards  adopt  the  law: 

(xxxviii)  The  exercise  within  the  Commonwealth,  at  the 
request  or  with  the  concurrence  of  the  Parliaments  of 
all  the  States  directly  concerned,  of  any  power  which 
can  at  the  establishment  of  this  Constitution  be  exer- 
cised only  by  the  Parliament  of  the  United  Kingdom 
or  by  the  Federal  Council  of  Australasia: 

(xxxix)  Matters  incidental  to  the  execution  of  any  power 
vested  by  this  Constitution  in  the  Parliament  or  in 
either  House  thereof  or  in  the  Government  of  the  Com- 
monwealth, or  in  the  Federal  Judicature,  or  in  any 
department  or  officer  of  the  Commonwealth. 

52.  The  Parliament  shall,  subject  to  this  Constitution, 
have  exclusive  power  to  make  laws  for  the  peace,  order, 
and  good  government  of  the  Commonwealth  with  respect 
to: 

(i)  The  seat  of  Government  of  the  Commonwealth,  and  all 
places  acquired  by  the  Commonwealth  for  public  pur- 
poses : 

(ii)  Matters  relating  to  any  department  of  the  public  serv- 
ice the  control  of  which  is  by  this  Constitution  trans- 
ferred to  the  Executive  Government  of  the  Common- 
wealth : 

(iii)  Other  matters  declared  by  this  Constitution  to  be 
within  the  exclusive  power  of  the  Parliament. 

53.  Proposed  laws  appropriating  revenue  or  moneys,  or 
imposing  taxation,  shall  not  originate  in  the  Senate.  But  a 
proposed  law  shall  not  be  taken  to  appropriate  revenue  or 
moneys,  or  to  impose  taxation,  by  reason  only  of  its  con- 
taining provisions  for  the  imposition  or  appropriation  of 
fines  or  other  pecuniary  penalties,  or  for  the  demand  or 


AUSTRALIA  219 

payment  or  appropriation  of  fees  for  licenses,  or  fees  for 
services  under  the  proposed  law. 

The  Senate  may  not  amend  proposed  laws  imposing 
taxation,  or  proposed  laws  appropriating  revenue  or  mon- 
eys for  the  ordinary  annual  services  of  the  Government. 

The  Senate  may  not  amend  any  proposed  law  so  as  to 
increase  any  proposed  charge  or  burden  on  the  people. 

The  Senate  may  at  any  stage  return  to  the  House  of 
Representatives  any  proposed  law  which  the  Senate  may 
not  amend,  requesting,  by  message,  the  omission  or  amend- 
ment of  any  items  or  provisions  therein.  And  the  House 
of  Representatives  may,  if  it  thinks  fit,  make  any  of  such 
omissions  or  amendments,  with  or  without  modifications. 

Except  as  provided  in  this  section,  the  Senate  shall  have 
equal  power  with  the  House  of  Representatives  in  respect 
of  all  proposed  laws. 

54s.  The  proposed  law  which  appropriates  revenue  or 
moneys  for  the  ordinary  annual  services  of  the  Government 
shall  deal  only  with  such  appropriation. 

55.  Laws  imposing  taxation  shall  deal  only  with  the  im- 
position of  taxation,  and  any  provision  therein  dealing  with 
any  other  matter  shall  be  of  no  effect. 

Laws  imposing  taxation,  except  laws  imposing  duties 
of  customs  or  of  excise,  shall  deal  with  one  subject  of 
taxation  only;  but  laws  imposing  duties  of  customs  shall 
deal  with  duties  of  customs  only,  and  laws  imposing  duties 
of  excise  shall  deal  with  duties  of  excise  only. 

56.  A  vote,  resolution,  or  proposed  law  for  the  appropri- 
ation of  revenue  or  moneys  shall  not  be  passed  unless  the 
purpose  of  the  appropriation  has  in  the  same  session  been 
recommended  by  message  of  the  Governor  General  to  the 
House  in  which  the  proposal  originated. 

57.  If  the  House  of  Representatives  passes  any  proposed 


220     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

law,  and  the  Senate  rejects  or  fails  to  pass  it,  or  passes  it 
with  amendments  to  which  the  House  of  Representatives 
will  not  agree,  and  if  after  an  interval  of  three  months  the 
House  of  Representatives,  in  the  same  or  the  next  session, 
again  passes  the  proposed  law  with  or  without  any  amend- 
ments which  have  been  made,  suggested,  or  agreed  to  by  the 
Senate,  and  the  Senate  rejects  or  fails  to  pass  it,  or  passes 
it  with  amendments  to  which  the  House  of  Representatives 
will  not  agree,  the  Governor  General  may  dissolve  the 
Senate  and  the  House  of  Representatives  simultaneously. 
But  such  dissolution  shall  not  take  place  within  six  months 
before  the  date  of  the  expiry  of  the  House  of  Representa- 
tives by  effluxion  of  time. 

If  after  such  dissolution  the  House  of  Representatives 
again  passes  the  proposed  law,  with  or  without  any  amend- 
ments which  have  been  made,  suggested,  or  agreed  to  by  the 
Senate,  and  the  Senate  rejects  or  fails  to  pass  it,  or  passes 
it  with  amendments  to  which  the  House  of  Representatives 
will  not  agree,  the  Governor  General  may  convene  a  joint 
sitting  of  the  members  of  the  Senate  and  of  the  House  of 
Representatives . 

The  members  present  at  the  joint  sitting  may  deliberate 
and  shall  vote  together  upon  the  proposed  law  as  last  pro- 
posed by  the  House  of  Representatives,  and  upon  amend- 
ments, if  any,  which  have  been  made  therein  by  one  House 
and  not  agreed  to  by  the  other,  and  any  such  amendments 
which  are  affirmed  by  an  absolute  majority  of  the  total 
number  of  the  members  of  the  Senate  and  House  of  Rep- 
resentatives shall  be  taken  to  have  been  carried,  and  if  the 
proposed  law,  with  the  amendments,  if  any,  so  carried  is 
affirmed  by  an  absolute  majority  of  the  total  number  of  the 
members  of  the  Senate  and  House  of  Representatives,  it 
shall  be  taken  to  have  been  duly  passed  by  both  Houses 


AUSTRALIA  221 

of  the  Parliament,  and  shall  be  presented  to  the  Governor 
General  for  the  Queen's  assent. 

58.  When  a  proposed  law  passed  by  both  Houses  of  the 
Parliament  is  presented  to  the  Governor  General  for  the 
Queen's  assent,  he  shall  declare,  according  to  his  discretion, 
but  subject  to  this  Constitution,  that  he  assents  in  the 
Queen's  name,  or  that  he  withholds  assent,  or  that  he  re- 
serves the  law  for  the  Queen's  pleasure. 

The  Governor  General  may  return  to  the  House  in  which 
it  originated  any  proposed  law  so  presented  to  him,  and  may 
transmit  therewith  any  amendments  which  he  may  recom- 
mend, and  the  Houses  may  deal  with  the  recommendation. 

59.  The  Queen  may  disallow  any  law  within  one  year 
from  the  Governor  General's  assent,  and  such  disallowance 
on  being  made  known  by  the  Governor  General,  by  speech 
or  message  to  each  of  the  Houses  of  the  Parliament,  or  by 
proclamation,  shall  annul  the  law  from  the  day  when  the 
disallowance  is  so  made  known. 

60.  A  proposed  law  reserved  for  the  Queen's  pleasure 
shall  not  have  any  force  unless  and  until  within  two  years 
from  the  day  on  which  it  was  presented  to  the  Governor 
General  for  the  Queen's  assent  the  Governor  General  makes 
known,  by  speech  or  message  to  each  of  the  Houses  of  the 
Parliament,  or  by  proclamation,  that  it  has  received  the 
Queen's  assent. 

Chapter  II. — The  Executive  Government 

61.  The  executive  power  of  the  Commonwealth  is  vested 
in  the  Queen,  and  is  exercisable  by  the  Governor  General  as 
the  Queen's  representative,  and  extends  to  the  execution 
and  maintenance  of  this  Constitution,  and  of  the  laws  of  the 
Commonwealth. 


222      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

62.  There  shall  be  a  Federal  Executive  Council  to  advise 
the  Governor  General  in  the  government  of  the  Common- 
wealth, and  the  members  of  the  Council  shall  be  chosen  and 
summoned  by  the  Governor  General  and  sworn  as  Execu- 
tive Councillors,  and  shall  hold  office  during  his  pleasure. 

63.  The  provisions  of  this  Constitution  referring  to  the 
Governor  General  in  Council  shall  be  construed  as  referring 
to  the  Governor  General  acting  with  the  advice  of  the 
Federal  Executive  Council. 

64.  The  Governor  General  may  appoint  officers  to  ad- 
minister such  departments  of  State  of  the  Commonwealth 
as  the  Governor  General  in  Council  may  establish. 

Such  officers  shall  hold  office  during  the  pleasure  of  the 
Governor  General.  They  shall  be  members  of  the  Federal 
Executive  Council,  and  shall  be  the  Queen's  Ministers  of 
State  for  the  Commonwealth. 

After  the  first  general  election  no  Minister  of  State  shall 
hold  office  for  a  longer  period  than  three  months  unless  he 
is  or  becomes  a  Senator  or  a  member  of  the  House  of 
Representatives . 

65.  Until  the  Parliament  otherwise  provides,  the  Min- 
isters of  State  shall  not  exceed  seven  in  number,  and  shall 
hold  such  offices  as  the  Parliament  prescribes,  or,  in  the 
absence  of  provision,  as  the  Governor  General  directs. 

66.  There  shall  be  payable  to  the  Queen,  out  of  the  Con- 
solidated Revenue  Fund  of  the  Commonwealth,  for  the 
salaries  of  the  Ministers  of  State,  an  annual  sum  which, 
until  the  Parliament  otherwise  provides,  shall  not  exceed 
twelve  thousand  pounds  a  year. 

67.  Until  the  Parliament  otherwise  provides,  the  ap- 
pointment and  removal  of  all  other  officers  of  the  Executive 
Government  of  the  Commonwealth  shall  be  vested  in  the 
Governor  General  in  Council,  unless  the  appointment  is 


AUSTRALIA  223 

delegated  by  the  Governor  General  in  Council  or  by  a  law 
of  the  Commonwealth  to  some  other  authority. 

68.  The  command-in-chief  of  the  naval  and  military 
forces  of  the  Commonwealth  is  vested  in  the  Governor 
General  as  the  Queen's  representative. 

69.  On  a  date  or  dates  to  be  proclaimed  by  the  Governor 
General  after  the  establishment  of  die  Commonwealth  the 
following  departments  of  the  public  service  in  each  State 
shall  become  transferred  to  the  Commonwealth: 

Posts,  telegraphs,  and  telephones: 

Naval  and  military  defence: 

Light-houses,  light-ships,  beacons,  and  buoys: 

Quarantine. 

But  the  departments  of  customs  and  of  excise  in  each 
State  shall  become  transferred  to  the  Commonwealth  on  its 
establishment. 

70.  In  respect  of  matters  which,  under  this  Constitution, 
pass  to  the  Executive  Government  of  the  Commonwealth, 
all  powers  and  functions  which  at  the  establishment  of  the 
Commonwealth  are  vested  in  the  Governor  of  a  Colony, 
or  in  the  Governor  of  a  Colony  with  the  advice  of  his 
Executive  Council,  or  in  any  authority  of  a  Colony,  shall 
vest  in  the  Governor  General,  or  in  the  Governor  General 
in  Council,  or  in  the  authority  exercising  similar  powers 
under  the  Commonwealth,  as  the  case  requires. 

Chapter  III. — The  Judicature 

71.  The  judicial  power  of  the  Commonwealth  shall  be 
vested  in  a  Federal  Supreme  Court,  to  be  called  the  High 
Court  of  Australia,  and  in  such  other  federal  courts  as  the 
Parliament  creates,  and  in  such  other  courts  as  it  invests 
with  federal  jurisdiction.     The  High  Court  shall  consist  of 


224     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

a  Chief  Justice,  and  so  many  other  Justices,  not  less  than 
two,  as  the  Parliament  prescribes. 

72.  The  Justices  of  the  High  Court  and  of  the  other 
courts  created  by  the  Parliament — 

(i)  Shall  be  appointed  by  the  Governor  General  in 
Council : 

(ii)  Shall  not  be  removed  except  by  the  Governor  General 
in  Council,  on  an  address  from  both  Houses  of  the 
Parliament  in  the  same  session,  praying  for  such  re- 
moval on  the  ground  of  proved  misbehaviour  or  inca- 
pacity : 

(iii)  Shall  receive  such  remuneration  as  the  Parliament  may 
fix;  but  the  remuneration  shall  not  be  diminished  dur- 
ing their  continuance  in  office. 

73.  The  High  Court  shall  have  jurisdiction,  with  such 
exceptions  and  subject  to  such  regulations  as  the  Parlia- 
ment prescribes,  to  hear  and  determine  appeals  from  all 
judgments,  decrees,  orders,  and  sentences — 

(i)  Of  any  justice  or  justices  exercising  the  original  juris- 
diction of  the  High  Court: 
(ii)  Of  any  other  federal  court,  or  court  exercising  federal 
jurisdiction;  or  of  the  Supreme  Court  of  any  State,  or 
of  any  other  court  of  any  State  from  which  at  the 
establishment  of  the  Commonwealth  an  appeal  lies  to 
the  Queen  in  Council: 
(iii)   Of  the  Inter-State  Commission,  but  as  to  questions  of 

law  only: 
and  the  judgment  of  the  High  Court  in  all  such  cases  shall 
be  final  and  conclusive. 

But  no  exception  or  regulation  prescribed  by  the  Parlia- 
ment shall  prevent  the  High  Court  from  hearing  and 
determining  any  appeal  from  the  Supreme  Court  of  a 
State  in  any  matter  in  which  at  the  establishment  of  the 


AUSTRALIA  225 

Commonwealth  an  appeal  lies  from  such  Supreme  Court  to 
the  Queen  in  Council. 

Until  the  Parliament  otherwise  provides,  the  conditions  of 
and  restrictions  on  appeals  to  the  Queen  in  Council  from 
the  Supreme  Courts  of  the  several  States  shall  be  applicable 
to  appeals  from  them  to  the  High  Court. 

74.  No  appeal  shall  be  permitted  to  the  Queen  in  Council 
from  a  decision  of  the  High  Court  upon  any  question, 
howsoever  arising,  as  to  the  limits  inter  se  of  the  Constitu- 
tional powers  of  the  Commonwealth  and  those  of  any  State 
or  States,  or  as  to  the  limits  inter  se  of  the  Constitutional 
powers  of  any  two  or  more  States,  unless  the  High  Court 
shall  certify  that  the  question  is  one  which  ought  to  be 
determined  by  Her  Majesty  in  Council. 

The  High  Court  may  so  certify  if  satisfied  that  for  any 
special  reason  the  certificate  should  be  granted,  and  there- 
upon an  appeal  shall  lie  to  Her  Majesty  in  Council  on  the 
question  without  further  leave. 

Except  as  provided  in  this  section,  this  Constitution  shall 
not  impair  any  right  which  the  Queen  may  be  pleased  to 
exercise  by  virtue  of  Her  royal  prerogative  to  grant  special 
leave  of  appeal  from  the  High  Court  to  Her  Majesty  in 
Council.  The  Parliament  may  make  laws  limiting  the  mat- 
ters in  which  such  leave  may  be  asked,  but  proposed  laws 
containing  any  such  limitations  shall  be  reserved  by  the 
Governor  General  for  Her  Majesty's  pleasure. 

75.  In  all  matters — 

(i)    Arising  under  any  treaty: 

(ii)   Affecting    consuls    or  other    representatives    of    other 

countries : 
(iii)   In  which  the  Commonwealth,  or  a  person  suing  or 

being  sued  on  behalf  of  the  Commonwealth,  is  a  party: 


226     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

(iv)  Between  States,  or  between  residents  of  different 
States,  or  between  a  State  and  a  resident  of  another 
State: 

(v)  In  which  a  writ  of  mandamus  or  prohibition  or  an  in- 
junction is  sought  against  an  officer  of  the  Common- 
wealth : 

the  High  Court  shall  have  original  jurisdiction. 

76.  The  Parliament  may  make  laws  conferring  original 
jurisdiction  on  the  High  Court  in  any  matter — 

(i)    Arising  under  this  Constitution,  or  involving  its  inter- 
pretation : 
(ii)   Arising  under  any  laws  made  by  the  Parliament: 
(iii)    Of  admiralty  and  maritime  jurisdiction: 
(iv)   Relating  to  the  same  subject-matter  claimed  under  the 
laws  of  different  States. 

77.  With  respect  to  any  of  the  matters  mentioned  in  the 
last  two  sections  the  Parliament  may  make  laws — 

(i)  Defining  the  jurisdiction  of  any  federal  court  other 
than  the  High  Court: 

(ii)  Defining  the  extent  to  which  the  jurisdiction  of  any 
federal  court  shall  be  exclusive  of  that  which  belongs 
to  or  is  invested  in  the  courts  of  the  States: 

(iii)  Investing  any  court  of  a  State  with  federal  juris- 
diction. 

78.  The  Parliament  may  make  laws  conferring  rights  to 
proceed  against  the  Commonwealth  or  a  State  in  respect  of 
matters  within  the  limits  of  the  judicial  power. 

79.  The  federal  jurisdiction  of  any  court  may  be  exer- 
cised by  such  number  of  judges  as  the  Parliament  pre- 
scribes. 

80.  The  trial  on  indictment  of  any  offence  against  any 
law  of  the  Commonwealth  shall  be  by  jury,  and  every  such 
trial  shall  be  held  in  the  State  where  the  offence  was  com- 


AUSTRALIA  227 

mitted,  and  if  the  offence  was  not  committed  within  any 
State  the  trial  shall  be  held  at  such  place  or  places  as  the 
Parliament  prescribes. 

Chapter  IV. — Finance  and  Trade 

81.  All  revenues  or  moneys  raised  or  received  by  the  Ex- 
ecutive Government  of  the  Commonwealth  shall  form  one 
Consolidated  Revenue  Fund,  to  be  appropriated  for  the 
purposes  of  the  Commonwealth  in  the  manner  and  subject 
to  the  charges  and  liabilities  imposed  by  this  Constitution. 

82.  The  costs,  charges,  and  expenses  incident  to  the  col- 
lection, management,  and  receipt  of  the  Consolidated  Rev- 
enue Fund  shall  form  the  first  charge  thereon;  and  the 
revenue  of  the  Commonwealth  shall  in  the  first  instance  be 
applied  to  the  payment  of  the  expenditure  of  the  Common- 
wealth. 

83.  No  money  shall  be  drawn  from  the  Treasury  of  the 
Commonwealth  except  under  appropriation  made  by  law. 

But  until  the  expiration  of  one  month  after  the  first  meet- 
ing of  the  Parliament  the  Governor  General  in  Council  may 
draw  from  the  Treasury  and  expend  such  moneys  as  may  be 
necessary  for  the  maintenance  of  any  department  trans- 
ferred to  the  Commonwealth  and  for  the  holding  of  the  first 
elections  for  the  Parliament. 

84.  When  any  department  of  the  public  service  of  a 
State  becomes  transferred  to  the  Commonwealth,  all  officers 
of  the  department  shall  become  subject  to  the  control  of  the 
Executive  Government  of  the  Commonwealth. 

Any  such  officer  who  is  not  retained  in  the  service  of  the 
Commonwealth  shall,  unless  he  is  appointed  to  some  other 
office  of  equal  emolument  in  the  public  service  of  the  State, 
be  entitled  to  receive  from  the  State  any  pension,  gratuity, 


228     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

or  other  compensation,  payable  under  the  law  of  the  State 
on  the  abolition  of  his  office. 

Any  such  officer  who  is  retained  in  the  service  of  the 
Commonwealth  shall  preserve  all  his  existing  and  accruing 
rights,  and  shall  be  entitled  to  retire  from  office  at  the  time, 
and  on  the  pension  or  retiring  allowance,  which  would  be 
permitted  by  the  law  of  the  State  if  his  service  with  the 
Commonwealth  were  a  continuation  of  his  service  with  the 
State.  Such  pension  or  retiring  allowance  shall  be  paid  to 
him  by  the  Commonwealth;  but  the  State  shall  pay  to  the 
Commonwealth  a  part  thereof,  to  be  calculated  on  the  pro- 
portion which  his  term  of  service  with  the  State  bears  to 
his  whole  term  of  service,  and  for  the  purpose  of  the  calcu- 
lation his  salary  shall  be  taken  to  be  that  paid  to  him  by  the 
State  at  the  time  of  the  transfer. 

Any  officer  who  is,  at  the  establishment  of  the  Common- 
wealth, in  the  public  service  of  a  State,  and  who  is,  by  con- 
sent of  the  Governor  of  the  State,  with  the  advice  of  the 
Executive  Council  thereof,  transferred  to  the  public  service 
of  the  Commonwealth,  shall  have  the  same  rights  as  if  he 
had  been  an  officer  of  a  department  transferred  to  the  Com- 
monwealth and  were  retained  in  the  service  of  the  Common- 
wealth. 

85.    When  any  department  of  the  public  service  of  a 
State  is  transferred  to  the  Commonwealth — 
(i)     All  property  of  the  State  of  any  kind,  used  exclusive- 
ly in  connexion  with  the   department,    shall   become 
vested  in  the  Commonwealth;  but,  in  the  case  of  the 
departments  controlling  customs  and  excise  and  boun- 
ties, for  such  time  only  as  the  Governor  General  in 
Council  may  declare  to  be  necessary : 
(ii)   The  Commonwealth  may  acquire  any  property  of  the 
State,  of  any  kind,  used,  but  not  exclusively  used  in 


AUSTRALIA  229 

connexion  with  the  department ;  the  value  thereof  shall, 
if  no  agreement  can  be  made,  be  ascertained  in,  as 
nearly  as  may  be,  the  manner  in  which  the  value  of 
land,  or  of  an  interest  in  land,  taken  by  the  State  for 
public  purposes  is  ascertained  under  the  law  of  the 
State  in  force  at  the  establishment  of  the  Common- 
wealth : 

(hi)  The  Commonwealth  shall  compensate  the  State  for  the 
value  of  any  property  passing  to  the  Commonwealth 
under  this  section;  if  no  agreement  can  be  made  as  to 
the  mode  of  compensation,  it  shall  be  determined  under 
laws  to  be  made  by  the  Parliament: 

(iv)  The  Commonwealth  shall,  at  the  date  of  the  transfer, 
assume  the  current  obligations  of  the  State  in  respect 
of  the  department  transferred. 

86.  On  the  establishment  of  the  Commonwealth,  the  col- 
lection and  control  of  duties  of  customs  and  of  excise,  and 
the  control  of  the  payment  of  bounties,  shall  pass  to  the 
Executive  Government  of  the  Commonwealth. 

87.  During  a  period  of  ten  years  after  the  establishment 
of  the  Commonwealth  and  thereafter  until  the  Parliament 
otherwise  provides,  of  the  net  revenue  of  the  Commonwealth 
from  duties  of  customs  and  of  excise  not  more  than  one- 
fourth  shall  be  applied  annually  by  the  Commonwealth  to- 
wards its  expenditure. 

The  balance  shall,  in  accordance  with  this  Constitution, 
be  paid  to  the  several  States,  or  applied  towards  the  pay- 
ment of  interest  on  debts  of  the  several  States  taken  over 
by  the  Commonwealth. 

88.  Uniform  duties  of  customs  shall  be  imposed  within 
two  years  after  the  establishment  of  the  Commonwealth. 

89.  Until  the  imposition  of  uniform  duties  of  customs : 


230     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

(i)    The  Commonwealth  shall  credit  to  each  State  the  rev- 
enues collected  therein  by  the  Commonwealth, 
(ii)   The  Commonwealth  shall  debit  to  each  State — 

(a)  the  expenditure  therein  of  the  Commonwealth  in- 
curred solely  for  the  maintenance  or  continuance,  as  at 
the  time  of  transfer,  of  any  department  transferred 
from  the  State  to  the  Commonwealth; 

(b)  the  proportion  of  the  State,  according  to  the  num- 
ber of  its  people,  in  the  other  expenditure  of  the  Com- 
monwealth. 

(iii)   The  Commonwealth  shall  pay  to  each  State  month  by 
month  the  balance  (if  any)  in  favor  of  the  State. 

90.  On  the  imposition  of  uniform  duties  of  customs  the 
power  of  the  Parliament  to  impose  duties  of  customs  and 
of  excise,  and  to  grant  bounties  on  the  production  or  ex- 
port of  goods,  shall  become  exclusive. 

On  the  imposition  of  uniform  duties  of  customs  all  laws 
of  the  several  States  imposing  duties  of  customs  or  excise, 
or  offering  bounties  on  the  production  or  export  of  goods, 
shall  cease  to  have  effect,  but  any  grant  of  or  agreement 
for  any  such  bounty  lawfully  made  by  or  under  the  au- 
thority of  the  Government  of  any  State  shall  be  taken  to 
be  good  if  made  before  the  thirtieth  day  of  June,  one 
thousand  eight  hundred  and  ninety-eight,  and  not  other- 
wise. 

91.  Nothing  in  this  Constitution  prohibits  a  State  from 
granting  any  aid  to  or  bounty  on  mining  for  gold,  silver, 
or  other  metals,  nor  from  granting,  with  the  consent  of 
both  Houses  of  the  Parliament  of  the  Commonwealth  ex- 
pressed by  resolution,  any  aid  to  or  bounty  on  the  produc- 
tion or  export  of  goods. 

92.  On  the  imposition  of  uniform  duties  of  customs, 
trade,    commerce,    and    intercourse    among    the    States, 


AUSTRALIA  231 

whether  by  means  of  internal  carriage  or  ocean  navigation, 
shall  be  absolutely  free. 

But  notwithstanding  anything  in  this  Constitution,  goods 
imported  before  the  imposition  of  uniform  duties  of  cus- 
toms into  any  State,  or  into  any  Colony  which,  whilst  the 
goods  remain  therein,  becomes  a  State,  shall,  on  thence 
passing  into  another  State  within  two  years  after  the  im- 
position of  such  duties,  be  liable  to  any  duty  chargeable 
on  the  importation  of  such  goods  into  the  Commonwealth, 
less  any  duty  paid  in  respect  of  the  goods  on  their  im- 
portation. 

93.  During  the  first  five  years  after  the  imposition  of 
uniform  duties  of  customs,  and  thereafter  until  the  Par- 
liament otherwise  provides — 

(i)  The  duties  of  customs  chargeable  on  goods  imported 
into  a  State  and  afterwards  passing  into  another  State 
for  consumption,  and  the  duties  of  excise  paid  on 
goods  produced  or  manufactured  in  a  State  and  after- 
wards passing  into  another  State  for  consumption, 
shall  be  taken  to  have  been  collected  not  in  the  former 
but  in  the  latter  State. 

(ii)  Subject  to  the  last  sub-section,  the  Commonwealth 
shall  credit  revenue,  debit  expenditure,  and  pay  bal- 
ances to  the  several  States  as  prescribed  for  the  period 
preceding  the  imposition  of  uniform  duties  of  customs. 

94.  After  five  years  from  the  imposition  of  uniform 
duties  of  customs,  the  Parliament  may  provide,  on  such 
basis  as  it  deems  fair,  for  the  monthly  payment  to  the 
several  States  of  all  surplus  revenue  of  the  Commonwealth. 

95.  Notwithstanding  anything  in  this  Constitution,  the 
Parliament  of  the  State  of  Western  Australia,  if  that 
State  be  an  original  State,  may  during  the  first  five  years 
after  the  imposition  of  uniform  duties  of  customs,  impose 


232     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

duties  of  customs  on  goods  passing  into  that  State,  and  not 
originally  imported  from  beyond  the  limits  of  the  Common- 
wealth; and  such  duties  shall  be  collected  by  the  Com- 
monwealth. 

But  any  duty  so  imposed  on  any  goods  shall  not  exceed 
during  the  first  of  such  years  the  duty  chargeable  on  the 
goods  under  the  law  of  Western  Australia  in  force  at  the 
imposition  of  uniform  duties,  and  shall  not  exceed  during 
the  second,  third,  fourth,  and  fifth  of  such  years  respective- 
ly, four-fifths,  three-fifths,  two-fifths,  and  one-fifth  of  such 
latter  duty,  and  all  duties  imposed  under  this  section  shall 
cease  at  the  expiration  of  the  fifth  year  after  the  imposition 
of  uniform  duties. 

If  at  any  time  during  the  five  years  the  duty  on  any 
goods  under  this  section  is  higher  than  the  duty  imposed 
by  the  Commonwealth  on  the  importation  of  the  like  goods, 
then  such  higher  duty  shall  be  collected  on  the  goods  when 
imported  into  Western  Australia  from  beyond  the  limits 
of  the  Commonwealth. 

96.  During  a  period  of  ten  years  after  the  establishment 
of  the  Commonwealth  and  thereafter  until  the  Parliament 
otherwise  provides,  the  Parliament  may  grant  financial 
assistance  to  any  State  on  such  terms  and  conditions  as  the 
Parliament  thinks  fit. 

97.  Until  the  Parliament  otherwise  provides,  the  laws 
in  force  in  any  Colony  which  has  become  or  becomes  a 
State  with  respect  to  the  receipt  of  revenue  and  the  ex- 
penditure of  money  on  account  of  the  Government  of  the 
Colony,  and  the  review  and  audit  of  such  receipt  and  ex- 
penditure, shall  apply  to  the  receipt  of  revenue  and  the 
expenditure  of  money  on  account  of  the  Commonwealth  in 
the  State  in  the  same  manner  as  if  the  Commonwealth,  or 
the  Government,  or  an  officer  of  the  Commonwealth,  were 


AUSTRALIA  233 

mentioned  whenever  the  Colony,  or  the  Government,  or  an 
officer  of  the  Colony  is  mentioned. 

98.  The  power  of  the  Parliament  to  make  laws  with 
respect  to  trade  and  commerce  extends  to  navigation  and 
shipping,  and  to  railways  the  property  of  any  State. 

99.  The  Commonwealth  shall  not,  by  any  law  or  regu- 
lation of  trade,  commerce,  or  revenue,  give  preference  to 
one  State  or  any  part  thereof  over  another  State  or  any 
part  thereof. 

100.  The  Commonwealth  shall  not,  by  any  law  or  regu- 
lation of  trade  or  commerce,  abridge  the  right  of  a  State 
or  of  the  residents  therein  to  the  reasonable  use  of  the 
waters  of  rivers  for  conservation  or  irrigation. 

101.  There  shall  be  an  Inter-State  Commission,  with 
such  powers  of  adjudication  and  administration  as  the 
Parliament  deems  necessary  for  the  execution  and  main- 
tenance, within  the  Commonwealth,  of  the  provisions  of 
this  Constitution  relating  to  trade  and  commerce,  and  of 
all  laws  made  thereunder. 

102.  The  Parliament  may  by  any  law  with  respect  to 
trade  or  commerce  forbid,  as  to  railways,  any  preference 
or  discrimination  by  any  State,  or  by  any  authority  con- 
stituted under  a  State,  if  such  preference  or  discrimination 
is  undue  and  unreasonable,  or  unjust  to  any  State;  due  re- 
gard being  had  to  the  financial  responsibilities  incurred  by 
any  State  in  connexion  with  the  construction  and  mainten- 
ance of  its  railways.  But  no  preference  or  discrimination 
shall,  within  the  meaning  of  this  section,  be  taken  to  be 
undue  and  unreasonable,  or  unjust  to  any  State,  unless 
so  adjudged  by  the  Inter-State  Commission. 

103.  The  members  of  the  Inter-State  Commission — 

(i)     Shall  be  appointed  by  the  Governor  General  in  Coun- 
cil: 


234     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

(ii)  Shall  hold  office  for  seven  years,  but  may  be  removed 
within  that  time  by  the  Governor  General  in  Council, 
on  an  address  from  both  Houses  of  the  Parliament 
in  the  same  session  praying  for  such  removal  on  the 
ground  of  proved  misbehaviour  or  incapacity: 

(hi)  Shall  receive  such  remuneration  as  the  Parliament 
may  fix;  but  such  remuneration  shall  not  be  diminished 
during  their  continuance  in  office. 

104.  Nothing  in  this  Constitution  shall  render  unlawful 
any  rate  for  the  carriage  of  goods  upon  a  railway,  the 
property  of  a  State,  if  the  rate  is  deemed  by  the  Inter- 
State  Commission  to  be  necessary  for  the  development  of 
the  territory  of  the  State,  and  if  the  rate  applies  equally 
to  goods  within  the  State  and  to  goods  passing  into  the 
State  from  other  States. 

105.  The  Parliament  may  take  over  from  the  States 
their  public  debts  as  existing  at  the  establishment  of  the 
Commonwealth,  or  a  proportion  thereof  according  to  the 
respective  numbers  of  their  people  as  shown  by  the  latest 
statistics  of  the  Commonwealth,  and  may  convert,  renew, 
or  consolidate  such  debts,  or  any  part  thereof;  and  the 
States  shall  indemnify  the  Commonwealth  in  respect  of  the 
debts  taken  over,  and  thereafter  the  interest  payable  in 
respect  of  the  debts  shall  be  deducted  and  retained  from 
the  portions  of  the  surplus  revenue  of  the  Commonwealth 
payable  to  the  several  States,  or  if  such  surplus  is  in- 
sufficient, or  if  there  is  no  surplus,  then  the  deficiency  or 
the  whole  amount  shall  be  paid  by  the  several  States.1 

Chapter  V. — The  States 

106.  The  Constitution  of  each  State  of  the  Common- 
wealth shall,  subject  to  this   Constitution,  continue  as  at 

i  Section  105  was  changed  in  1900;  see,  below,  p.  242. 


AUSTRALIA  235 

the  establishment  of  the  Commonwealth,  or  as  at  the 
admission  or  establishment  of  the  State,  as  the  case  may 
be,  until  altered  in  accordance  with  the  Constitution  of  the 
State. 

107.  Every  power  of  the  Parliament  of  a  Colony  which 
has  become  or  becomes  a  State,  shall,  unless  it  is  by  this 
Constitution  exclusively  vested  in  the  Parliament  of  the 
Commonwealth  or  withdrawn  from  the  Parliament  of  the 
State,  continue  as  at  the  establishment  of  the  Common- 
wealth, or  as  at  the  admission  or  establishment  of  the  State, 
as  the  case  may  be. 

108.  Every  law  in  force  in  a  Colony  which  has  become 
or  becomes  a  State,  and  relating  to  any  matter  within  the 
powers  of  the  Parliament  of  the  Commonwealth,  shall, 
subject  to  this  Constitution,  continue  in  force  in  the  State; 
and,  until  provision  is  made  in  that  behalf  by  the  Parlia- 
ment of  the  Commonwealth,  the  Parliament  of  the  State 
shall  have  such  powers  of  alteration  and  of  repeal  in  re- 
spect of  any  such  law  as  the  Parliament  of  the  Colony 
had  until  the  Colony  became  a  State. 

109.  When  a  law  of  a  State  is  inconsistent  with  a  law 
of  the  Commonwealth,  the  latter  shall  prevail,  and  the 
former  shall,  to  the  extent  of  the  inconsistency,  be  invalid. 

110.  The  provisions  of  this  Constitution  relating  to  the 
Governor  of  a  State  extend  and  apply  to  the  Governor  for 
the  time  being  of  the  State,  or  other  chief  executive  officer 
or  administrator  of  the  government  of  the  State. 

111.  The  Parliament  of  a  State  may  surrender  any 
part  of  the  State  to  the  Commonwealth;  and  upon  such 
surrender,  and  the  acceptance  thereof  by  the  Common- 
wealth, such  part  of  the  State  shall  become  subject  to  the 
exclusive  jurisdiction  of  the  Commonwealth. 

112.  After  uniform   duties   of   customs   have   been   im- 


236     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

posed,  a  State  may  levy  on  imports  or  exports,  or  on  goods 
passing  into  or  out  of  the  State,  such  charges  as  may  be 
necessary  for  executing  the  inspection  laws  of  the  State; 
but  the  net  produce  of  all  charges  so  levied  shall  be  for  the 
use  of  the  Commonwealth;  and  any  such  inspection  laws 
may  be  annulled  by  the  Parliament  of  the  Commonwealth. 

113.  All  fermented,  distilled,  or  other  intoxicating 
liquids  passing  into  any  State  or  remaining  therein  for  use, 
consumption,  sale,  or  storage,  shall  be  subject  to  the  laws 
of  the  State  as  if  such  liquids  had  been  produced  in  the 
State. 

114.  A  State  shall  not,  without  the  consent  of  the 
Parliament  of  the  Commonwealth,  raise  or  maintain  any 
naval  or  military  force,  or  impose  any  tax  on  property 
of  any  kind  belonging  to  the  Commonwealth,  nor  shall  the 
Commonwealth  impose  any  tax  on  property  of  any  kind 
belonging  to  a  State. 

115.  A  State  shall  not  coin  money,  nor  make  anything 
but  gold  and  silver  coin  a  legal  tender  in  payment  of  debts. 

116.  The  Commonwealth  shall  not  make  any  law  for 
establishing  any  religion,  or  for  imposing  any  religious 
observance,  or  for  prohibiting  the  free  exercise  of  any  re- 
ligion, and  no  religious  test  shall  be  required  as  a  qualifica- 
tion for  any  office  or  public  trust  under  the  Common- 
wealth. 

117.  A  subject  of  the  Queen,  resident  in  any  State, 
shall  not  be  subject  in  any  other  State  to  any  disability 
or  discrimination  which  would  not  be  equally  applicable  to 
him  if  he  were  a  subject  of  the  Queen  resident  in  such 
other  State. 

118.  Full  faith  and  credit  shall  be  given,  throughout  the 
Commonwealth,  to  the  laws,  the  public  acts  and  records, 
and  the  judicial  proceedings  of  every  State. 


AUSTRALIA  237 

119.  The  Commonwealth  shall  protect  every  State 
against  invasion  and,  on  the  application  of  the  Executive 
Government  of  the  State,  against  domestic  violence. 

120.  Every  State  shall  make  provision  for  the  detention 
in  its  prisons  of  persons  accused  or  convicted  of  offences 
against  the  laws  of  the  Commonwealth,  and  for  the  punish- 
ment of  persons  convicted  of  such  offences,  and  the  Parlia- 
ment of  the  Commonwealth  may  make  laws  to  give  effect 
to  this  provision. 

Chapter  VI. — New  States 

121.  The  Parliament  may  admit  to  the  Commonwealth 
or  establish  new  States,  and  may  upon  such  admission  or 
establishment  make  or  impose  such  terms  and  conditions, 
including  the  extent  of  representation  in  either  House  of 
the  Parliament,  as  it  thinks  fit. 

122.  The  Parliament  may  make  laws  for  the  govern- 
ment of  any  territory  surrendered  by  any  State  to  and 
accepted  by  the  Commonwealth,  or  of  any  territory  placed 
by  the  Queen  under  the  authority  of  and  accepted  by  the 
Commonwealth,  or  otherwise  acquired  by  the  Common- 
wealth, and  may  allow  the  representation  of  such  territory 
in  either  House  of  the  Parliament  to  the  extent  and  on 
the  terms  which  it  thinks  fit. 

123.  The  Parliament  of  the  Commonwealth  may,  with 
the  consent  of  the  Parliament  of  a  State,  and  the  approval 
of  the  majority  of  the  electors  of  the  State  voting  upon  the 
question,  increase,  diminish,  or  otherwise  alter  the  limits  of 
the  State,  upon  such  terms  and  conditions  as  may  be 
agreed  on,  and  may,  with  the  like  consent,  make  pro- 
vision respecting  the  effect  and  operation  of  any  increase 
or  diminution  or  alteration  of  territory  in  relation  to  any 
State  affected. 


238     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

124.  A  new  State  may  be  formed  by  separation  of 
territory  from  a  State,  but  only  with  the  consent  of  the 
Parliament  thereof,  and  a  new  State  may  be  formed  by 
the  union  of  two  or  more  States  or  parts  of  States,  but 
only  with  the  consent  of  the  Parliaments  of  the  States 
affected. 

Chaptek  VII. — Miscellaneous 

125.  The  seat  of  Government  of  the  Commonwealth 
shall  be  determined  by  the  Parliament,  and  shall  be  within 
territory  which  shall  have  been  granted  to  or  acquired  by 
the  Commonwealth,  and  shall  be  vested  in  and  belong  to 
the  Commonwealth,  and  shall  be  in  the  State  of  New  South 
Wales,  and  be  distant  not  less  than  one  hundred  miles  from 
Sydney. 

Such  territory  shall  contain  an  area  of  not  less  than  one 
hundred  square  miles,  and  such  portion  thereof  as  shall 
consist  of  Crown  lands  shall  be  granted  to  the  Common- 
wealth without  any  payment  therefor. 

The  Parliament  shall  sit  at  Melbourne  until  it  meet  at 
the  seat  of  Government. 

126.  The  Queen  may  authorize  the  Governor  General 
to  appoint  any  person,  or  any  persons  jointly  or  severally, 
to  be  his  deputy  or  deputies  within  any  part  of  the  Com- 
monwealth, and  in  that  capacity  to  exercise  during  the 
pleasure  of  the  Governor  General  such  powers  and  func- 
tions of  the  Governor  General  as  he  thinks  fit  to  assign  to 
such  deputy  or  deputies,  subject  to  any  limitations  ex- 
pressed or  directions  given  by  the  Queen;  but  the  appoint- 
ment of  such  deputy  or  deputies  shall  not  affect  the  exer- 
cise by  the  Governor  General  himself  of  any  power  or 
function. 

127.  In   reckoning  the   numbers   of  the   people   of   the 


AUSTRALIA  239 

Commonwealth,  or  of  a  State  or  other  part  of  the  Com- 
monwealth, aboriginal  natives  shall  not  be  counted. 

Chapter  VIII. — Alteration  of  the  Constitution 

128.  This  Constitution  shall  not  be  altered  except  in  the 
following  manner: 

The  proposed  law  for  the  alteration  thereof  must  be 
passed  by  an  absolute  majority  of  each  House  of  the  Par- 
liament, and  not  less  than  two  or  more  than  six  months 
after  its  passage  through  both  Houses  the  proposed  law 
shall  be  submitted  in  each  State  to  the  electors  qualified 
to  vote  for  the  election  of  members  of  the  House  of  Repre- 
sentatives. 

But  if  either  House  passes  any  such  proposed  law  by 
an  absolute  majority,  and  the  other  House  rejects  or  fails 
to  pass  it  or  passes  it  with  any  amendment  to  which  the 
first-mentioned  House  will  not  agree,  and  if  after  an  in- 
terval of  three  months  the  first-mentioned  House  in  the 
same  or  the  next  session  again  passes  the  proposed  law 
by  an  absolute  majority  with  or  without  any  amendment 
which  has  been  made  or  agreed  to  by  the  other  House5  and 
such  other  House  rejects  or  fails  to  pass  it  or  passes  it 
with  any  amendment  to  which  the  first-mentioned  House 
will  not  agree,  the  Governor  General  may  submit  the  pro- 
posed law  as  last  proposed  by  the  first-mentioned  House, 
and  either  with  or  without  any  amendments  subsequently 
agreed  to  by  both  Houses,  to  the  electors  in  each  State 
qualified  to  vote  for  the  election  of  the  House  of  Repre- 
sentatives. 

When  a  proposed  law  is  submitted  to  the  electors  the 
vote  shall  be  taken  in  such  manner  as  the  Parliament  pre- 
scribes.    But  until  the  qualification  of  electors  of  members 


240     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

of  the  House  of  Representatives  becomes  uniform  through- 
out the  Commonwealth,  only  one-half  the  electors  voting 
for  and  against  the  proposed  law  shall  be  counted  in  any 
State  in  which  adult  suffrage  prevails. 

And  if  in  a  majority  of  the  States  a  majority  of  the 
electors  voting  approve  the  proposed  law,  and  if  a  majority 
of  all  the  electors  voting  also  approve  the  proposed  law, 
it  shall  be  presented  to  the  Governor  General  for  the 
Queen's  assent. 

No  alteration  diminishing  the  proportionate  representa- 
tion of  any  State  in  either  House  of  the  Parliament,  or  the 
minimum  number  of  representatives  of  a  State  in  the 
House  of  Representatives,  or  increasing,  diminishing,  or 
otherwise  altering  the  limits  of  the  State,  or  in  any  manner 
affecting  the  provisions  of  the  Constitution  in  relation 
thereto,  shall  become  law  unless  the  majority  of  the  electors 
voting  in  that  State  approve  the  proposed  law. 

Schedule 
Oath 

I,  A.  B.,  do  swear  that  I  will  be  faithful  and  bear  true 
allegiance  to  Her  Majesty  Queen  Victoria,  Her  heirs  and 
successors  according  to  law.     So  help  me  God! 

Affirmation 

I,  A.  B.,  do  solemnly  and  sincerely  affirm  and  declare 
that  I  will  be  faithful  and  bear  true  allegiance  to  Her 
Majesty  Queen  Victoria,  Her  heirs  and  successors  accord- 
ing to  law. 

Note. — The  name  of  the  King  or  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland  for  the  time  being  is  to  be  substituted  from  time  to  time. 


AUSTRALIA  241 


CONSTITUTION  ALTERATION  x 

(senate  elections) 

No.  1  of  1907 

An  Act  to  alter  the  provisions  of  the  Constitution  relating 
to  the  election  of  Senators. 

Be  it  enacted  by  the  King's  most  excellent  Majesty,  the 
Senate,  and  the  House  of  Representatives  of  the  Common- 
wealth of  Australia,  with  the  approval  of  the  electors,  as 
required  by  the  Constitution,  as  follows: 

1.  This  Act  may  be  cited  as  Constitution  Alteration 
(Senate  Elections)  1906. 

2.  Section  thirteen  of  the  Constitution  is  altered — 

(a)  by  omitting  the  words  "the  third  year,"  and  in- 
serting in  lieu  thereof  the  words  "three  years"; 

(b)  by  omitting  the  words  "the  sixth  year,"  and  in- 
serting in  lieu  thereof  the  words  "six  years"; 

(c)  by  omitting  the  words  "in  the  year  at  the  expira- 
tion of  which,"  and  inserting  in  lieu  thereof  "with- 
in one  year  before"; 

(d)  by  omitting  the  word  "January"  wherever  it  oc- 
curs, and  inserting  in  lieu  thereof  the  word 
"July". 

3. —  (1)  The  terms  of  service  of  the  Senators  whose 
places  would,  but  for  this  Act,  become  vacant  at  the  ex- 
piration of  the  year  one  thousand  nine  hundred  and  nine 
are  extended  until  the  thirtieth  day  of  June  one  thousand 
nine  hundred  and  ten. 

(2)   The  terms  of  service  of  the  Senators  whose  places 

i  Knowles,  vol.  I,  p.  28. 


242     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

would,  but  for  this  Act,  become  vacant  at  the  expiration 
of  the  year  one  thousand  nine  hundred  and  twelve  are 
extended  until  the  thirtieth  day  of  June  one  thousand  nine 
hundred  and  thirteen. 

4.  This  Act  shall  not  be  taken  to  alter  the  time  of 
beginning  of  the  term  of  service  of  any  Senator  elected 
in  the  year  one  thousand  nine  hundred  and  six. 


CONSTITUTION  ALTERATION  x 

(state  debts) 

No.  3  of  1910 

An  Act  to  alter  the  provisions  of  the  Constitution  relating 
to  the  public  debts  of  the  States. 

Be  it  enacted  by  the  King's  most  excellent  Majesty,  the 
Senate,  and  the  House  of  Representatives  of  the  Common- 
wealth of  Australia,  with  the  approval  of  the  electors,  as 
required  by  the  Constitution,  as  follows : 

1.  This  Act  may  be  cited  as  Constitution  Alteration 
(State  Debts)  1909. 

2.  Section  one  hundred  and  five  of  the  Constitution  is 
altered  by  omitting  the  words  "as  existing  at  the  establish- 
ment of  the  Commonwealth." 

i  Knowles,  vol.  I,  p.  29. 


PART  V 
SOUTH  AFRICA 


HISTORICAL  RESUME 

The  four  autonomous  Colonies  in  South  Africa  were  united  in  1909  in  a  federal 
union  by  an  Imperial  statute.  In  the  case  of  South  Africa  the  problems 
facing  the  supporters  of  the  federal  movement  were  peculiarly  perplexing,  but 
the  experiences  of  Canada  and  Australia  could  be  called  upon  for  assistance  and 
in  the  end  the  third  federation  came  into  being,  having,  as  its  centre,  a  responsible 
government  similar  to  those  existing  in  the  other  Colonies. 


SOUTH  AFRICA  ACT 

[9   Edward  VII,  cap.   9] 

ARRANGEMENT  OF   SECTIONS 

I.— PRELIMINARY 

Section. 

1.  Short  title. 

2.  Definitions. 

3.  Application  of  Act  to  King's  successors. 

II.— THE   UNION 

4.  Proclamation  of  Union. 

5.  Commencement  of  Act. 

6.  Incorporation  of  Colonies  into  the  Union. 

7.  Application  of  Colonial  Boundaries  Act,  &c. 

III.— EXECUTIVE    GOVERNMENT 

8.  Executive  power. 

9.  Governor  General. 

10.  Salary  of  Governor  General. 

11.  Application  of  Act  of  Governor  General. 

12.  Executive  Council. 

13.  Meaning  of  Governor  General  in  Council. 

14.  Appointment  of  ministers. 

15.  Appointment  and  removal  of  officers. 

16.  Transfer  of  executive  powers  to  Governor  General  in  Council. 

17.  Command  of  naval  and  military  forces. 

18.  Seat  of  Government. 

IV.— PARLIAMENT 

19.  Legislative  power. 

20.  Sessions  of  Parliament. 

21.  Summoning  of  first  Parliament. 

22.  Annual  session  of  Parliament. 

23.  Seat  of  Legislature. 

Seriate 

24.  Original  constitution  of  Senate. 

25.  Subsequent  constitution  of  Senate. 

245 


246  AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

26.  Qualifications  of  Senators. 

27.  Appointment  and  tenure  of  office  of  President. 

28.  Deputy  President. 

29.  Resignation  of  Senators. 

30.  Quorum. 

31.  Voting  in  the  Senate 

House  of  Assembly 

32.  Constitution  of  House  of  Assembly. 

33.  Original  number  of  members. 

34.  Increase  of  number  of  members. 

35.  Qualifications  of  voters. 

36.  Application  of  existing  qualifications. 

37.  Elections. 

38.  Commission  for  delimitation  of  electoral  divisions. 

39.  Electoral  divisions. 

40.  Method  of  dividing  provinces  into  electoral  divisions. 

41.  Alteration  of  electoral  divisions. 

42.  Powers  and  duties  of  commission  for  delimiting  electoral  divisions. 

43.  Date  from  which  alteration  of  electoral  divisions  to  take  effect. 

44.  Qualifications  of  members  of  House  of  Assembly. 

45.  Duration. 

46.  Appointment  and  tenure  of  office  of  Speaker. 

47.  Deputy  Speaker. 

48.  Resignation  of  members. 

49.  Quorum. 

50.  Voting  in  House  of  Assembly. 

Both  Houses  of  Parliament 

51.  Oath  or  affirmation  of  allegiance. 

52.  Member  of  either  House  disqualified  for  being  member  of  the  other  House. 

53.  Disqualifications  for  being  a  member  of  either  House. 

54.  Vacation  of  seats. 

55.  Penalty  for  sitting  or  voting  when  disqualified. 

56.  Allowances  of  members. 

57.  Privileges  of  Houses  of  Parliament. 

58.  Rules  of  procedure. 

Powers  of  Parliament 

59.  Powers  of  Parliament. 

60.  Money  bills. 

61.  Appropriation  bills. 

62.  Recommendation  of  money  votes. 

63.  Disagreements  between  the  two  Houses. 

64.  Royal  assent  to  bills. 

65.  Disallowance  of  bills. 


SOUTH  AFRICA  247 

66.  Reservation  of  bills. 

67.  Signature  and  enrolment  of  Acts. 

V— THE    PROVINCES 
Administrators 

68.  Appointment  and  tenure  of  office  of  provincial  administrators. 

69.  Salaries  of  administrators. 

Provincial  Councils 

70.  Constitution  of  Provincial  Councils. 

71.  Qualification  of  Provincial  Councillors.    " 

72.  Application  of  sections  53  to  55  to  Provincial  Councillors. 

73.  Tenure  of  office  of  Provincial  Councillors. 

74.  Sessions  of  Provincial  Councils. 

75.  Chairman  of  Provincial  Councils. 

76.  Allowances  of  Provincial  Councillors. 

77.  Freedom  of  speech  in  Provincial  Councils. 

Executive  Committees 

78.  Provincial  Executive  Committees. 

79.  Right   of   administrator,   &c,  to  take   part   in   proceedings   of   Provincial 
Council. 

80.  Powers  of  Provincial  Executive  Committees. 

81.  Transfer  of  powers  to  Provincial  Executive  Committees. 

82.  Voting  in  Executive  Committees. 

83.  Tenure  of  office  by  members  of  Executive  Committees. 

84.  Power  of  administrator  to  act  on  behalf  of  Governor  General  in  Council 

Powers  of  Provincial  Councils 

85.  Powers  of  Provincial  Councils. 

86.  Effect  of  Provincial  Ordinances. 

87.  Recommendations  to  Parliament. 

88.  Power  to  deal  with  matters  proper  to  be  dealt  with  by  private  bill  legislation. 

89.  Constitution  of  provincial  revenue  fund. 

90.  Assent  to  provincial  ordinances. 

91.  Effect  and  enrolment  of  ordinances. 

Miscellaneous 

92.  Audit  of  provincial  accounts. 

93.  Continuation  of  powers  of  divisional  and  municipal  councils. 

94.  beats  of  Provincial  Government. 

VI.— THE  SUPREME  COURT  OF  SOUTH  AFRICA 

95.  Constitution  of  Supreme  Court. 

96.  Appellate  Division  of  Supreme  Court. 


248     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

97.  Filling  of  temporary  vacancies  in  Appellate  Division. 

98.  Constitution  of  provincial  and  local  divisions  of  Supreme  Court. 

99.  Continuation  in  office  of  existing  judges. 

100.  Appointment  and  remuneration  of  judges. 

101.  Tenure  of  office  by  judges. 

102.  Reduction  in  number  of  judges. 

103.  Appeals  to  Appellate  Division. 

104.  Existing  appeals. 

105.  Appeals  from  inferior  courts  of  provincial  divisions. 

106.  Provisions  as  to  appeals  to  the  King  in  Council. 

107.  Rules  of  procedure  in  Appellate  Division. 

108.  Rules  of  procedure  in  provincial  and  local  divisions. 

109.  Place  of  sittings  of  Appellate  Division. 

110.  Quorum  for  hearing  appeals. 

111.  Jurisdiction  of  Appellate  Division. 

112.  Execution  of  processes  of  provincial  divisions. 

113.  Transfer  of  suits  from  one  provincial  or  local  division  to  another. 

114.  Registrar  and  officers  of  Appellate  Division. 

115.  Advocates  and  attorneys. 

116.  Pending  suits. 

VII.— FINANCE    AND    RAILWAYS 

117.  Constitution  of  Consolidated  Revenue  Fund  and  Railway  and  Harbor  Fund. 

118.  Commission  of  injury  into  financial  relations  between  union  and  provinces. 

119.  Security  for  existing  public  debts. 

120.  Requirements  for  withdrawal  of  money  from  funds. 

121.  Transfer  of  colonial  property  to  the  Union. 

122.  Crown  lands,  &c. 

123.  Mines  and  minerals. 

124.  Assumption  by  Union  of  colonial  debts. 

125.  Ports,  harbors,  and  railways. 

126.  Constitution  of  Harbor  and  Railway  Board. 

127.  Administration  of  railways,  ports,  and  harbors. 

128.  Establishment  of  fund  for  maintaining  uniformity  of  railway  rates. 

129.  Management  of  railway  and  harbor  balances. 

130.  Construction  of  harbor  and  railway  works. 

131.  Making  good  of  deficiencies  in  Railway  Fund  in  certain  cases. 

132.  Controller  and  Auditor  General. 

133.  Compensation  of  colonial  capitals  for  diminution  of  prosperity. 

VIII.— GENERAL 

134.  Method  of  voting  for  Senators,  &c. 

135.  Continuation  of  existing  colonial  laws. 

136.  Free  trade  throughout  Union. 

137.  Equality  of  English  and  Dutch  languages. 

138.  Naturalization. 

139.  Administration  of  justice. 


SOUTH  AFRICA  249 

140.  Existing  officers. 

141.  Reorganization  of  public  departments. 

142.  Public  service  commission. 

143.  Pensions  of  existing  officers. 

144.  Tenure  of  office  of  existing  officers. 

145.  Existing  officers  not  to  be  dismissed  for  ignorance  of  English  or  Dutch. 

146.  Compensation  to  existing  officers  who  are  not  retained. 

147.  Administration  of  native  affairs,  &c. 

148.  Devolution  on  Union  of  rights  and  obligations  under  conventions. 

IX.— NEW    PROVINCES    AND    TERRITORIES 

149.  Alteration  of  boundaries  of  Provinces. 

150.  Power  to  admit  into  Union  territories  administered  by  British  South  Africa 
Company. 

151.  Power  to  transfer  to  Union  government  of  native  territories. 


X.— AMENDMENT   OF    ACT 


152.    Amendment  of  Act. 
Schedule. 


An  Act  to  constitute  the  Union  of  South  Africa, 

Whereas  it  is  desirable  for  the  welfare  and  future  pro- 
gress of  South  Africa  that  the  several  British  Colonies 
therein  should  be  united  under  one  Government  in  a  legis- 
lative union  under  the  Crown  of  Great  Britain  and  Ire- 
land: 

And  whereas  it  is  expedient  to  make  provision  for  the 
union  of  the  Colonies  of  the  Cape  of  Good  Hope,  Natal, 
the  Transvaal,  and  the  Orange  River  Colony  on  terms  and 
conditions  to  which  they  have  agreed  by  resolution  of  their 
respective  Parliaments,  and  to  define  the  executive,  legis- 
lative, and  judicial  powers  to  be  exercised  in  the  govern- 
ment of  the  Union: 

And  whereas  it  is  expedient  to  make  provision  for 
the  establishment  of  Provinces  with  powers  of  legislation 
and  administration  in  local  matters  and  in  such  other 
matters  as  may  be  specially  reserved  for  provincial  legis- 
lation and  administration: 


250     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

And  whereas  it  is  expedient  to  provide  for  the  eventual 
admission  into  the  Union  or  transfer  to  the  Union  of  such 
parts  of  South  Africa  as  are  not  originally  included  there- 
in: 

Be  it  therefore  enacted  by  the  King's  most  excellent 
Majesty,  by  and  with  the  advice  and  consent  of  the  Lords 
spiritual  and  temporal,  and  Commons,  in  this  present 
Parliament  assembled,  and  by  the  authority  of  the  same, 
as  follows : 

I. — Preliminary 

1.  This  Act  may  be  cited  as  the  South  Africa  Act,  1909. 

2.  In  this  Act,  unless  it  is  otherwise  expressed  or  im- 
plied, the  words  "  the  Union "  shall  be  taken  to  mean 
the  Union  of  South  Africa  as  constituted  under  this  Act, 
and  the  words  "  Houses  of  Parliament,"  "  House  of  Par- 
liament," or  "  Parliament "  shall  be  taken  to  mean  the 
Parliament  of  the  Union. 

3.  The  provisions  of  this  Act  referring  to  the  King 
shall  extend  to  His  Majesty's  heirs  and  successors  in  the 
sovereignty  of  the  United  Kingdom  of  Great  Britain  and 
Ireland. 

II. — The  Union 

4.  It  shall  be  lawful  for  the  King,  with  the  advice  of 
the  Privy  Council,  to  declare  by  proclamation  that,  on  and 
after  a  day  therein  appointed,  not  being  later  than  one 
year  after  the  passing  of  this  Act,  the  Colonies  of  the 
Cape  of  Good  Hope,  Natal,  the  Transvaal,  and  the  Orange 
River  Colony,  hereinafter  called  the  Colonies,  shall  be 
united  in  a  Legislative  Union  under  one  Government 
under  the  name  of  the  Union  of  South  Africa.  On  and 
after  the  day  appointed  by  such  proclamation  the  Govern- 
ment and  Parliament  of  the  Union  shall  have  full  power 


SOUTH  AFRICA  251 

and  authority  within  the  limits  of  the  Colonies,  but  the 
King  may  at  any  time  after  the  proclamation  appoint  a 
Governor  General  for  the  Union. 

5.  The  provisions  of  this  Act  shall,  unless  it  is  other- 
wise expressed  or  implied,  take  effect  on  and  after  the  day 
so  appointed. 

6.  The  Colonies  mentioned  in  section  four  shall  become 
original  Provinces  of  the  Union  under  the  names  of  Cape 
of  Good  Hope,  Natal,  Transvaal,  and  Orange  Free  State, 
as  the  case  may  be.  The  original  Provinces  shall  have 
the  same  limits  as  the  respective  Colonies  at  the  establish- 
ment of  the  Union. 

7.  Upon  any  Colony  entering  the  Union,  the  Colonial 
Boundaries  Act,  1895,  and  every  other  Act  applying  to 
any  of  the  Colonies  as  being  self-governing  Colonies  or 
Colonies  with  responsible  government,  shall  cease  to  apply 
to  that  Colony,  but  as  from  the  date  when  this  Act  takes 
effect  every  such  Act  of  Parliament  shall  apply  to  the 
Union. 

III. — Executive  Government 

8.  The  Executive  Government  of  the  Union  is  vested 
in  the  King,  and  shall  be  administered  by  His  Majesty 
in  person  or  by  a  Governor  General  as  His  representative. 

9.  The  Governor  General  shall  be  appointed  by  the 
King,  and  shall  have  and  may  exercise  in  the  Union  during 
the  King's  pleasure,  but  subject  to  this  Act,  such  powers 
and  functions  of  the  King  as  His  Majesty  may  be  pleased 
to  assign  to  him. 

10.  There  shall  be  payable  to  the  King  out  of  the 
Consolidated  Revenue  Fund  of  the  Union  for  the  salary 
of  the  Governor  General  an  annual  sum  of  ten  thousand 


252     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

pounds.    The  salary  of  the  Governor  General  shall  not  be 
altered  during  his  continuance  in  office. 

11.  The  provisions  of  this  Act  relating  to  the  Governor 
General  extend  and  apply  to  the  Governor  General  for 
the  time  being  or  such  person  as  the  King  may  appoint 
to  adminster  the  government  of  the  Union.  The  King 
may  authorize  the  Governor  General  to  appoint  any  person 
to  be  his  deputy  within  the  Union  during  his  temporary 
absence,  and  in  that  capacity  to  exercise  for  and  on  behalf 
of  the  Governor  General  during  such  absence  all  such 
powers  and  authorities  vested  in  the  Governor  General  as 
the  Governor  General  may  assign  to  him,  subject  to  any 
limitations  expressed  or  directions  given  by  the  King;  but 
the  appointment  of  such  deputy  shall  not  affect  the  exer- 
cise by  the  Governor  General  himself  of  any  power  or 
function. 

12.  There  shall  be  an  Executive  Council  to  advise  the 
Governor  General  in  the  government  of  the  Union,  and 
the  members  of  the  council  shall  be  chosen  and  summoned 
by  the  Governor  General  and  sworn  as  executive  council- 
lors, and  shall  hold  office  during  his  pleasure. 

13.  The  provisions  of  this  Act  referring  to  the  Gov- 
ernor General  in  Council  shall  be  construed  as  referring 
to  the  Governor  General  acting  with  the  advice  of  the 
Executive  Council. 

14.  The  Governor  General  may  appoint  officers  not  ex- 
ceeding ten  in  number  to  administer  such  departments  of 
State  of  the  Union  as  the  Governor  General  in  Council 
may  establish;  such  officers  shall  hold  office  during  the 
pleasure  of  the  Governor  General.  They  shall  be  mem- 
bers of  the  Executive  Council  and  shall  be  the  King's 
ministers  of  State  for  the  Union.  After  the  first  general 
election  of  members  of  the  House  of  Assembly,  as  herein- 


SOUTH  AFRICA  253 

after  provided,  no  minister  shall  hold  office  for  a  longer 
period  than  three  months  unless  he  is  or  becomes  a  member 
of  either  House  of  Parliament. 

15.  The  appointment  and  removal  of  all  officers  of  the 
public  service  of  the  Union  shall  be  vested  in  the  Governor 
General  in  Council,  unless  the  appointment  is  delegated  by 
the  Governor  General  in  Council  or  by  this  Act  or  by  a 
law  of  Parliament  to  some  other  authority. 

16.  All  powers,  authorities,  and  functions  which  at  the 
establishment  of  the  Union  are  in  any  of  the  Colonies 
vested  in  the  Governor  or  in  the  Governor  in  Council,  or 
in  any  authority  of  the  Colony,  shall,  as  far  as  the  same 
continue  in  existence  and  are  capable  of  being  exercised 
after  the  establishment  of  the  Union,  be  vested  in  the 
Governor  General  or  in  the  Governor  General  in  Council, 
or  in  the  authority  exercising  similar  powers  under  the 
Union,  as  the  case  may  be,  except  such  powers  and  func- 
tions as  are  by  this  Act  or  may  by  a  law  of  Parliament 
be  vested  in  some  other  authority. 

17.  The  command-in-chief  of  the  naval  and  military 
forces  within  the  Union  is  vested  in  the  King  or  in  the 
Governor  General  as  his  representative. 

18.  Save  as  in  section  twenty -three  excepted,  Pretoria 
shall  be  the  seat  of  Government  of  the  Union. 

IV. — Parliament 

19.  The  legislative  power  of  the  Union  shall  be  vested  in 
the  Parliament  of  the  Union,  herein  called  Parliament, 
which  shall  consist  of  the  King,  a  Senate,  and  a  House  of 
Assembly. 

20.  The  Governor  General  may  appoint  such  times  for 
holding  the  sessions  of  Parliament  as  he  thinks   fit,   and 


254     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

may  also  from  time  to  time,  by  proclamation  or  otherwise, 
prorogue  Parliament,  and  may  in  like  manner  dissolve  the 
Senate  and  the  House  of  Assembly  simultaneously,  or  the 
House  of  Assembly  alone:  provided  that  the  Senate  shall 
not  be  dissolved  within  a  period  of  ten  years  after  the 
establishment  of  the  Union,  and  provided  further  that  the 
dissolution  of  the  Senate  shall  not  affect  any  Senators 
nominated  by  the  Governor  General  in  Council. 

21.  Parliament  shall  be  summoned  to  meet  not  later 
than  six  months  after  the  establishment  of  the  Union. 

22.  There  shall  be  a  session  of  Parliament  once  at  least 
in  every  year,  so  that  a  period  of  twelve  months  shall  not 
intervene  between  the  last  sitting  of  Parliament  in  one 
session  and  its  first  sitting  in  the  next  session. 

23.  Cape  Town  shall  be  the  seat  of  the  Legislature  of 
the  Union. 

Senate 

24.  For  ten  years  after  the  establishment  of  the  Union 
the  constitution  of  the  Senate  shall,  in  respect  of  the 
original  Provinces,  be  as  follows: 

(i)  Eight  Senators  shall  be  nominated  by  the  Governor 
General  in  Council,  and  for  each  Original  Province 
eight  Senators  shall  be  elected  in  the  manner  herein- 
after provided: 

(ii)  The  Senators  to  be  nominated  by  the  Governor  Gen- 
eral in  Council  shall  hold  their  seats  for  ten  years. 
One-half  of  their  number  shall  be  selected  on  the 
ground  mainly  of  their  thorough  acquaintance,  by 
reason  of  their  official  experience  or  otherwise,  with 
the  reasonable  wants  and  wishes  of  the  colored  races 
in  South  Africa.     If  the  seat  of  a  Senator  so  nomi- 


SOUTH  AFRICA  255 

nated  shall  become  vacant,  the  Governor  General  in 
Council  shall  nominate  another  person  to  be  a  Senator, 
who  shall  hold  his  seat  for  ten  years : 

(iii)  After  the  passing  of  this  Act,  and  before  the  day 
appointed  for  the  establishment  of  the  Union,  the 
Governor  of  each  of  the  Colonies  shall  summon  a 
special  sitting  of  both  Houses  of  the  Legislature,  and 
the  two  Houses  sitting  together  as  one  body  and 
presided  over  by  the  Speaker  of  the  Legislative  As- 
sembly shall  elect  eight  persons  to  be  Senators  for  the 
Province.  Such  Senators  shall  hold  their  seats  for  ten 
years.  If  the  seat  of  a  Senator  so  elected  shall  become 
vacant,  the  Provincial  Council  of  the  Province  for 
which  such  Senator  has  been  elected  shall  choose  a 
person  to  hold  the  seat  until  the  completion  of  the 
period  for  which  the  person  in  whose  stead  he  is 
elected  would  have  held  his  seat. 
25.    Parliament  may  provide  for  the  manner  in  which 

the  Senate  shall  be  constituted  after  the  expiration  of  ten 

years,  and  unless  and  until  such  provision  shall  have  been 

made — 

(i)  The  provisions  of  the  last  preceding  section  with  re- 
gard to  nominated  Senators  shall  continue  to  have 
effect ; 

(ii)  Eight  Senators  for  each  Province  shall  be  elected  by 
the  members  of  the  Provincial  Council  of  such  Province 
together  with  the  members  of  the  House  of  Assembly 
elected  for  such  Province.  Such  Senators  shall  hold 
their  seats  for  ten  years  unless  the  Senate  be  sooner 
dissolved.  If  the  seat  of  an  elected  Senator  shall 
become  vacant,  the  members  of  the  Provincial  Council 
of  the  Province,  together  with  the  members  of  the 
House  of  Assembly  elected  for  such  Province,   shall 


256     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

choose  a  person  to  hold  the  seat  until  the  completion 
of  the  period  for  which  the  person  in  whose  stead  he  is 
elected  would  have  held  his  seat.  The  Governor  Gen- 
eral in  Council  shall  make  regulations  for  the  joint 
election  of  Senators  prescribed  in  this  section. 

26.  The  qualifications  of  a  Senator  shall  be  as  follows: — 
He  must — 

(a)  be  not  less  than  thirty  years  of  age; 

(b)  be  qualified  to  be  registered  as  a  voter  for  the  election 
of  members  of  the  House  of  Assembly  in  one  of  the 
Provinces ; 

(c)  have  resided  for  five  years  within  the  limits  of  the 
Union  as  existing  at  the  time  when  he  is  elected  or 
nominated,  as  the  case  may  be; 

(d)  be  a  British  subject  of  European  descent; 

(e)  in  the  case  of  an  elected  Senator,  be  the  registered 
owner  of  immovable  property  within  the  Union  of  the 
value  of  not  less  than  five  hundred  pounds  over  and 
above  any  special  mortgages  thereon. 

For  the  purposes  of  this  section,  residence  in,  and 
property  situated  within,  a  Colony  before  its  incorporation 
in  the  Union  shall  be  treated  as  residence  in  and  property 
situated  within  the  Union. 

27.  The  Senate  shall,  before  proceeding  to  the  dispatch 
of  any  other  business,  choose  a  Senator  to  be  the  President 
of  the  Senate,  and  as  often  as  the  office  of  President 
becomes  vacant  the  Senate  shall  again  choose  a  Senator 
to  be  the  President.  The  President  shall  cease  to  hold 
office  if  he  ceases  to  be  a  Senator.  He  may  be  removed 
from  office  by  a  vote  of  the  Senate,  or  he  may  resign  his 
office  by  writing  under  his  hand  addressed  to  the  Governor 
General. 

28.  Prior  to   or  during  any   absence   of  the  President 


SOUTH  AFRICA  257 

the  Senate  may  choose  a  Senator  to  perform  his  duties 
in  his  absence. 

29.  A  Senator  may,  by  writing  under  his  hand  ad- 
dressed to  the  Governor  General,  resign  his  seat,  which 
thereupon  shall  become  vacant.  The  Governor  General 
shall  as  soon  as  practicable  cause  steps  to  be  taken  to  have 
the  vacancy  filled. 

30.  The  presence  of  at  least  twelve  Senators  shall  be 
necessary  to  constitute  a  meeting  of  the  Senate  for  the 
exercise  of  its  powers. 

31.  All  questions  in  the  Senate  shall  be  determined  by 
a  majority  of  votes  of  Senators  present  other  than  the 
President  or  the  presiding  Senator,  who  shall,  however, 
have  and  exercise  a  casting  vote  in  the  case  of  an  equality 
of  votes. 

House  of  Assembly 

32.  The  House  of  Assembly  shall  be  composed  of 
members  directly  chosen  by  the  voters  of  the  Union  in 
electoral  divisions  delimited  as  hereinafter  provided. 

33.  The  number  of  members  to  be  elected  in  the  Origi- 
nal Provinces  at  the  first  election  and  until  the  number  is 
altered  in  accordance  with  the  provisions  of  this  Act  shall 
be  as  follows: — 

Cape  of  Good  Hope Fifty-one; 

Natal  Seventeen ; 

Transvaal   Thirty-six; 

Orange  Free  State Seventeen. 

These  numbers  may  be  increased  as  provided  in  the  next 
succeeding  section,  but  shall  not,  in  the  case  of  any  Origi- 
nal Province,  be  diminished  until  the  total  number  of 
members  of  the  House  of  Assembly  in  respect  of  the 
Provinces   herein   provided   for   reaches   one   hundred   and 


258      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

fifty,  or  until  a  period  of  ten  years  has  elapsed  after  the 
establishment  of  the  Union,  whichever  is  the  longer  period. 
34.  The  number  of  members  to  be  elected  in  each  Prov- 
ince, as  provided  in  section  thirty-three,  shall  be  increased 
from  time  to  time  as  may  be  necessary  in  accordance  with 
the  following  provisions: 

(i)  The  quota  of  the  union  shall  be  obtained  by  dividing 
the  total  number  of  European  male  adults  in  the 
Union,  as  ascertained  at  the  census  of  nineteen  hun- 
dred and  four,  by  the  total  number  of  members  of 
the  House  of  Assembly  as  constituted  at  the  estab- 
lishment of  the  Union: 
(ii)  In  nineteen  hundred  and  eleven,  and  every  five 
years  thereafter,  a  census  of  the  European  population 
of  the  Union  shall  be  taken  for  the  purposes  of  this 
Act: 
(iii)  After  any  such  census  the  number  of  European  male 
adults  in  each  Province  shall  be  compared  with  the 
number  of  European  male  adults  as  ascertained  at 
the  census  of  nineteen  hundred  and  four,  and,  in  the 
case  of  any  Province  where  an  increase  is  shown,  as 
compared  with  the  census  of  nineteen  hundred  and 
four,  equal  to  the  quota  of  the  Union  or  any  multiple 
thereof,  the  number  of  members  allotted  to  such 
Province  in  the  last  preceding  section  shall  be  in- 
creased by  an  additional  member  or  an  additional 
number  of  members  equal  to  such  multiple,  as  the  case 
may  be: 
(iv)  Notwithstanding  anything  herein  contained,  no  ad- 
ditional member  shall  be  allotted  to  any  province  until 
the  total  number  of  European  male  adults  in  such 
Province  exceeds  the  quota  of  the  Union  multiplied 


SOUTH  AFRICA  259 

by  the  number  of  members  allotted  to  such  Province 
for  the  time  being,  and  thereupon  additional  members 
shall  be  allotted  to  such  Province  in  respect  only  of 
such  excess: 
(v)  As  soon  as  the  number  of  members  of  the  House  of 
Assembly  to  be  elected  in  the  Original  Provinces  in 
accordance  with  the  preceding  subsections  reaches  the 
total  of  one  hundred  and  fifty,  such  total  shall  not  be 
further  increased  unless  and  until  Parliament  other- 
wise provides;  and  subject  to  the  provisions  of  the  last 
preceding  section  the  distribution  of  members  among 
the  Provinces  shall  be  such  that  the  proportion  be- 
tween the  number  of  members  to  be  elected  at  any 
time  in  each  Province  and  the  number  of  European 
male  adults  in  such  Province,  as  ascertained  at  the 
last  preceding  census,  shall  as  far  as  possible  be 
identical  throughout  the  Union: 
(vi)  "  Male  adults  "  in  this  Act  shall  be  taken  to  mean 
males  of  twenty-one  years  of  age  or  upwards  not 
being  members  of  His  Majesty's  regular  forces  on 
full  pay: 
(vii)  For  the  purposes  of  this  Act  the  number  of  Euro- 
pean male  adults,  as  ascertained  at  the  census  of  nine- 
teen hundred  and  four,  shall  be  taken  to  be — 

For  the  Cape  of  Good  Hope 167,546 

For     Natal 34,784 

For   the    Transvaal 106,493 

For  the  Orange  Free  State 41,014 

35. —  (1)  Parliament  may  by  law  prescribe  the  qualifica- 
tions which  shall  be  necessary  to  entitle  persons  to  vote 
at  the  election  of  members  of  the  House  of  Assembly,  but 
no  such  law  shall  disqualify  any  person  in  the  province 
of  the  Cape  of  Good  Hope  who,  under  the  laws  existing 


260     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

in  the  Colony  of  the  Cape  of  Good  Hope  at  the  establish- 
ment of  the  Union,  is  or  may  become  capable  of  being  reg- 
istered as  a  voter  from  being  so  registered  in  the  Province 
of  the  Cape  of  Good  Hope  by  reason  of  his  race  or  color 
only,  unless  the  bill  be  passed  by  both  Houses  of  Parlia- 
ment sitting  together,  and  at  the  third  reading  be  agreed 
to  by  not  less  than  two-thirds  of  the  total  number  of 
members  of  both  Houses.  A  bill  so  passed  at  such  joint 
sitting  shall  be  taken  to  have  been  duly  passed  by  both 
Houses  of  Parliament. 

(2)  No  person  who  at  the  passing  of  any  such  law  is 
registered  as  a  voter  in  any  Province  shall  be  removed  from 
the  register  by  reason  only  of  any  disqualification  based  on 
race  or  color. 

36.  Subject  to  the  provisions  of  the  last  preceding 
section,  the  qualifications  of  parliamentary  voters,  as  ex- 
isting in  the  several  Colonies  at  the  establishment  of  the 
Union,  shall  be  the  qualifications  necessary  to  entitle  per- 
sons in  the  corresponding  Provinces  to  vote  for  the  election 
of  members  of  the  House  of  Assembly:  Provided  that  no 
member  of  His  Majesty's  regular  forces  on  full  pay  shall 
be  entitled  to  be  registered  as  a  voter. 

37. —  (1)  Subject  to  the  provisions  of  this  Act,  the  laws 
in  force  in  the  Colonies  at  the  establishment  of  the  Union 
relating  to  elections  for  the  more  numerous  Houses  of  Par- 
liament in  such  Colonies  respectively,  the  registration  of 
voters,  the  oaths  or  declarations  to  be  taken  by  voters,  re- 
turning officers,  the  powers  and  duties  of  such  officers,  the 
proceedings  in  connection  with  elections,  election  expenses, 
corrupt  and  illegal  practices,  the  hearing  of  election  pe- 
titions and  the  proceedings  incident  thereto,  the  vacating 
of  seats  of  members,  and  the  proceedings  necessary  for 
filling  such  vacancies,  shall,  mutatis  mutandis,  apply  to  the 


SOUTH  AFRICA  261 

elections  in  the  respective  Provinces  of  members  of  the 
House  of  Assembly. 

(2)  Notwithstanding  anything  to  the  contrary  in  any 
of  the  said  laws  contained,  at  any  general  election  of  mem- 
bers of  the  House  of  Assembly,  all  polls  shall  be  taken  on 
one  and  the  same  day  in  all  the  electoral  divisions  through- 
out the  Union,  such  day  to  be  appointed  by  the  Governor 
General  in  Council. 

38.  Between  the  date  of  the  passing  of  this  Act  and 
the  date  fixed  for  the  establishment  of  the  Union,  the 
Governor  in  Council  of  each  of  the  Colonies  shall  nom- 
inate a  judge  of  any  of  the  Supreme  or  High  Courts  of 
the  Colonies,  and  the  judges  so  nominated  shall,  upon 
acceptance  by  them  respectively  of  such  nomination,  form 
a  joint  commission,  without  any  further  appointment,  for 
the  purpose  of  the  first  division  of  the  Provinces  into  elec- 
toral divisions.  The  High  Commissioner  for  South  Africa 
shall  forthwith  convene  a  meeting  of  such  commission  at 
such  time  and  place  in  one  of  the  Colonies  as  he  shall  fix 
and  determine.  At  such  meeting  the  Commissioners  shall 
elect  one  of  their  number  as  chairman  of  such  commission. 
They  shall  thereupon  proceed  with  the  discharge  of  their 
duties  under  this  Act,  and  may  appoint  persons  in  any 
Province  to  assist  them  or  to  act  as  assessors  to  the  com- 
mission or  with  individual  members  thereof  for  the  purpose 
of  inquiring  into  matters  connected  with  the  duties  of  the 
commission.  The  commisson  may  regulate  their  own  pro- 
cedure and  may  act  by  a  majority  of  their  number.  All 
moneys  required  for  the  payment  of  the  expenses  of  such 
commission  before  the  establishment  of  the  Union  in  any 
of  the  Colonies  shall  be  provided  by  the  Governor  in  Coun- 
cil of  such  Colony.  In  case  of  death,  resignation,  or 
other  disabilitv   of   anv   of  the   Commissioners   before  the 


262      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

establishment  of  the  Union,  the  Governor  in  Council  of 
the  Colony  in  respect  of  which  he  was  nominated  shall 
forthwith  nominate  another  judge  to  fill  the  vacancy. 
After  the  establishment  of  the  Union  the  expenses  of  the 
commission  shall  be  defrayed  by  the  Governor  General 
in  Council,  and  any  vacancies  shall  be  filled  by  him. 

39.  The  commission  shall  divide  each  Province  into  elec- 
toral divisions,  each  returning  one  member. 

40. — :(1)  For  the  purpose  of  such  division  as  is  in  the 
last  preceding  section  mentioned,  the  quota  of  each  Prov- 
ince shall  be  obtained  by  dividing  the  total  number  of 
voters  in  the  Province,  as  ascertained  at  the  last  registration 
of  voters,  by  the  number  of  members  of  the  House  of 
Assembly  to  be  elected  therein. 

(2)  Each  Province  shall  be  divided  into  electoral 
divisions  in  such  a  manner  that  each  such  division  shall, 
subject  to  the  provisions  of  subsection  (3)  of  this  section, 
contain  a  number  of  voters,  as  nearly  as  may  be,  equal  to 
the  quota  of  the  Province. 

(3)  The  Commissioners  shall  give  due  consideration  to — 

(a)  community  or  diversity  of  interests; 

(b)  means  of  communication; 

(c)  physical  features; 

(d)  existing  electoral  boundaries; 

(e)  sparsity  or  density  of  population; 

in  such  manner  that,  while  taking  the  quota  of  voters  as 
the  basis  of  division,  the  Commissioners  may,  whenever 
they  deem  it  necessary,  depart  therefrom,  but  in  no  case 
to  any  greater  extent  than  fifteen  per  centum  more  or 
fifteen  per  centum  less  than  the  quota. 

41.  As  soon  as  may  be  after  every  quinquennial  census, 
the  Governor  General  in  Council  shall  appoint  a  commis- 
sion consisting  of  three  judges  of  the  Supreme  Court  of 


SOUTH  AFRICA  263 

South  Africa  to  carry  out  any  redivision  which  may  have 
become  necessary  as  between  the  different  electoral  di- 
visions in  each  Province,  and  to  provide  for  the  allocation 
of  the  number  of  members  to  which  such  Province  may 
have  become  entitled  under  the  provisions  of  this  Act.  In 
carrying  out  such  redivision  and  allocation  the  commis- 
sion shall  have  the  same  powers  and  proceed  upon  the 
same  principles  as  are  by  this  Act  provided  in  regard  to 
the  original  division. 

42. —  (1)  The  joint  commission  constituted  under  section 
thirty-eight,  and  any  subsequent  commission  appointed  un- 
der the  provisions  of  the  last  preceding  section,  shall 
submit  to  the  Governor  General  in  Council — 

(a)  a  list  of  electoral  divisions,  with  the  names  given 
to  them  by  the  commission  and  a  description  of 
the  boundaries  of  every  such  division: 

(b)  a  map  or  maps  showing  the  electoral  divisions 
into  which  the  Provinces  have  been  divided: 

(c)  such  further  particulars  as  they  consider  neces- 
sary. 

(2)  The  Governor  General  in  Council  may  refer  to  the 
commission  for  its  consideration  any  matter  relating  to 
such  list  or  arising  out  of  the  powers  or  duties  of  the  com- 
mission. 

(3)  The  Governor  General  in  Council  shall  proclaim 
the  names  and  boundaries  of  the  electoral  divisions  as 
finally  settled  and  certified  by  the  commission,  or  a  ma- 
jority thereof,  and  thereafter,  until  there  shall  be  a  re- 
division, the  electoral  divisions  as  named  and  defined  shall 
be  the  electoral  divisions  of  the  Union  in  the  Provinces. 

(4)  If  any  discrepancy  shall  arise  between  the  descrip- 
tion of  the  divisions  and  the  aforesaid  map  or  maps,  the 
description  shall  prevail. 


264      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

43.  Any  alteration  in  the  number  of  members  of  the 
House  of  Assembly  to  be  elected  in  the  several  Provinces, 
and  any  redivision  of  the  Provinces  into  electoral  divisions, 
shall,  in  respect  of  the  election  of  members  of  the  House 
of  Assembly,  come  into  operation  at  the  next  general  elec- 
tion held  after  the  completion  of  the  redivision  or  of  any 
allocation  consequent  upon  such  alteration,  and  not  earlier. 

44.  The  qualifications  of  a  member  of  the  House  of 
Assembly  shall  be  as  follows: 

He  must — 

(a)  be  qualified  to  be  registered  as  a  voter  for  the 
election  of  members  of  the  House  of  Assembly 
in  one  of  the  provinces; 

(b)  have  resided  for  five  years  within  the  limits  of 
the  Union  as  existing  at  the  time  when  he  is 
elected ; 

(c)  be  a  British  subject  of  European  descent. 

For  the  purposes  of  this  section,  residence  in  a  Colony 
before  its  incorporation  in  the  Union  shall  be  treated  as 
residence  in  the  Union. 

45.  Every  House  of  Assembly  shall  continue  for  five 
years  from  the  first  meeting  thereof,  and  no  longer,  but 
may  be  sooner  dissolved  by  the  Governor  General. 

46.  The  House  of  Assembly  shall,  before  proceeding  to 
the  despatch  of  any  other  business,  choose  a  member  to 
be  the  Speaker  of  the  House,  and,  as  often  as  the  office 
of  Speaker  becomes  vacant,  the  House  shall  again  choose 
a  member  to  be  the  Speaker.  The  Speaker  shall  cease  to 
hold  his  office  if  he  ceases  to  be  a  member.  He  may  be 
removed  from  office  by  a  vote  of  the  House,  or  he  may 
resign  his  office  or  his  seat  by  writing  under  his  hand 
addressed  to  the  Governor  General. 

47.  Prior  to  or  during  the  absence  of  the  Speaker,  the 


SOUTH  AFRICA  265 

House  of  Assembly  may  choose  a  member  to  perform  his 
duties  in  his  absence. 

48.  A  member  may,  by  writing  under  his  hand  ad- 
dressed to  the  Speaker,  or,  if  there  is  no  Speaker,  or  if 
the  Speaker  is  absent  from  the  Union,  to  the  Governor- 
General,  resign  his  seat,  which  shall  thereupon  become 
vacant. 

49.  The  presence  of  at  least  thirty  members  of  the 
House  of  Assembly  shall  be  necessary  to  constitute  a 
meeting  of  the  House  for  the  exercise  of  its  powers. 

50.  All  questions  in  the  House  of  Assembly  shall  be 
determined  by  a  majority  of  votes  of  members  present 
other  than  the  Speaker  or  the  presiding  member,  who  shall, 
however,  have  and  exercise  a  casting  vote  in  the  case  of  an 
equality  of  votes. 

Both  Houses  of  Parliament 

51.  Every  Senator  and  every  member  of  the  House  of 
Assembly  shall,  before  taking  his  seat,  make  and  subscribe 
before  the  Governor  General,  or  some  person  authorized  by 
him,  an  oath  or  affirmation  of  allegiance  in  the  following 
form: 

OATH 

I,  A.  B.,  do  swear  that  I  will  be  faithful  and  bear 
true  allegiance  to  His  Majesty  [here  insert  the 
name  of  the  King  or  Queen  of  the  United  Kingdom 
of  Great  Britain  and  Ireland  for  the  time  being'] 
His  [or  Her]  heirs  and  successors  according  to 
law.     So  help  me  God. 

AFFIRMATION 

I,  A.  B.,  do  solemnly  and  sincerely  affirm  and  declare 
that  I  will  be  faithful  and  bear  true  allegiance  to 


266     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

His  Majesty  [here  insert  the  name  of  the  King  or 
Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland  for  the:  time  being']  His  [or  Her~\  heirs  and 
successors  according  to  law. 

52.  A  member  of  either  House  of  Parliament  shall  be 
incapable  of  being  chosen  or  of  sitting  as  a  member  of  the 
other  House:  Provided  that  every  minister  of  State 
who  is  a  member  of  either  House  of  Parliament  shall  have 
the  right  to  sit  and  speak  in  the  Senate  and  the  House  of 
Assembly,  but  shall  vote  only  in  the  House  of  which  he 
is  a  member. 

53.  No  person  shall  be  capable  of  being  chosen  or  of 
sitting  as  a  Senator  or  as  a  member  of  the  House  of  As- 
sembly who — 

(a)  has  been  at  any  time  convicted  of  any  crime  or 
offence  for  which  he  shall  have  been  sentenced  to 
imprisonment  without  the  option  of  a  fine  for  a 
term  of  not  less  than  twelve  months,  unless  he 
shall  have  received  a  grant  of  amnesty  or  a  free 
pardon,  or  unless  such  imprisonment  shall  have 
expired  at  least  five  years  before  the  date  of  his 
election;  or 

(b)  is  an  unrehabilitated  insolvent;  or 

(c)  is  of  unsound  mind,  and  has  been  so  declared 
by  a  competent  court:    or 

(d)  holds  any  office  of  profit  under  the  Crown  within 
the  Union: 

Provided  that  the  following  persons  shall  not 
be  deemed  to  hold  an  office  of  profit  under  the 
Crown  for  the  purposes  of  this  subsection: 

(1)  a  minister  of  State  for  the  Union; 

(2)  a  person  in  receipt  of  a  pension  from  the 
Crown ; 


SOUTH  AFRICA  267 

(3)  an  officer  or  member  of  His  Majesty's 
naval  or  military  forces  on  retired  or  half 
pay,  or  an  officer  or  member  of  the  naval 
or  military  forces  of  the  Union  whose 
services  are  not  wholly  employed  by  the 
Union. 

54.  If  a  Senator,  or  member  of  the  House  of  Assem- 
bly- 

(a)  becomes  subject  to  any  of  the  disabilities  men- 
tioned in  the  last  preceding  section;  or 

(b)  ceases  to  be  qualified  as  required  by  law;  or 

(c)  fails  for  a  whole  ordinary  session  to  attend  with- 
out the  special  leave  of  the  Senate  or  the  House 
of  Assembly,  as  the  case  may  be; 

his  seat  shall  thereupon  become  vacant. 

55.  If  any  person  who  is  by  law  incapable  of  sitting 
as  a  Senator  or  member  of  the  House  of  Assembly  shall, 
while  so  disqualified  and  knowing  or  having  reasonable 
grounds  for  knowing  that  he  is  so  disqualified,  sit  or  vote 
as  a  member  of  the  Senate  or  House  of  Assembly,  he  shall 
be  liable  to  a  penalty  of  one  hundred  pounds  for  each  day 
on  which  he  shall  so  sit  or  vote,  to  be  recovered  on  behalf 
of  the  Treasury  of  the  Union  by  action  in  any  Superior 
Court  of  the  Union. 

56.  Each  Senator  and  each  member  of  the  House  of 
Assembly  shall,  under  such  rules  as  shall  be  framed  by 
Parliament,  receive  an  allowance  of  four  hundred  pounds 
a  year,  to  be  reckoned  from  the  date  on  which  he  takes 
his  seat:  Provided  that  for  every  day  of  the  session  on 
which  he  is  absent  there  shall  be  deducted  from  such 
allowance  the  sum  of  three  pounds:  Provided  further  that 
no  such  allowance  shall  be  paid  to  a  Minister  receiving  a 
salary  under  the  Crown  or  to  the  President  of  the  Senate 


268      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

or  the  Speaker  of  the  House  of  Assembly.  A  day  of  the 
session  shall  mean  in  respect  of  a  member  any  day  during 
a  session  on  which  the  House  of  which  he  is  a  member 
or  any  committee  of  which  he  is  a  member  meets. 

57.  The  powers,  privileges,  and  immunities  of  the  Sen- 
ate and  of  the  House  of  Assembly  and  of  the  members 
and  committees  of  each  House  shall,  subject  to  the  pro- 
visions of  this  Act,  be  such  as  are  declared  by  Parliament, 
and  until  declared  shall  be  those  of  the  House  of  Assembly 
of  the  Cape  of  Good  Hope  and  of  its  members  and  com- 
mittees at  the  establishment  of  the  Union. 

58.  Each  House  of  Parliament  may  make  rules  and 
orders  with  respect  to  the  order  and  conduct  of  its  business 
and  proceedings.  Until  such  rules  and  orders  shall  have 
been  made  the  rules  and  orders  of  the  Legislative  Council 
and  House  of  Assembly  of  the  Cape  of  Good  Hope  at  the 
establishment  of  the  Union  shall  mutatis  mutandis  apply 
to  the  Senate  and  House  of  Assembly  respectively.  If  a 
joint  sitting  of  both  Houses  of  Parliament  is  required 
under  the  provisions  of  this  Act,  it  shall  be  convened  by 
the  Governor  General  by  message  to  both  Houses.  At 
any  such  joint  sitting  the  Speaker  of  the  House  of  As- 
sembly shall  preside  and  the  rules  of  the  House  of  Assem- 
bly shall,  as  far  as  practicable,  apply. 

Powers  of  Parliament 

59.  Parliament  shall  have  full  power  to  make  laws  for 
the  peace,  order,  and  good  government  of  the  Union. 

60. —  (1)  Bills  appropriating  revenue  or  moneys  or  im- 
posing taxation  shall  originate  only  in  the  House  of  As- 
sembly.     But    a   bill    shall    not    be   taken   to    appropriate 


SOUTH  AFRICA  269 

revenue  or  moneys  or  to  impose  taxation  by  reason  only 
of  its  containing  provisions  for  the  imposition  or  appropri- 
ation of  fines  or  other  pecuniary  penalties. 

(2)  The  Senate  may  not  amend  any  bills  so  far  as 
they  impose  taxation  or  appropriate  revenue  or  moneys 
for  the  services  of  the  Government. 

(3)  The  Senate  may  not  amend  any  bill  so  as  to  in- 
crease any  proposed  charges  or  burden  on  the  people. 

61.  Any  bill  which  appropriates  revenue  or  moneys  for 
the  ordinary  annual  services  of  the  Government  shall  deal 
only  with  such  appropriation. 

62.  The  House  of  Assembly  shall  not  originate  or  pass 
any  vote,  resolution,  address,  or  bill  for  the  appropriation 
of  any  part  of  the  public  revenue  or  of  any  tax  or  impost 
to  any  purpose  unless  such  appropriation  has  been  recom- 
mended by  message  from  the  Governor  General  during  the 
session  in  which  such  vote,  resolution,  address,  or  bill  is 
proposed. 

63.  If  the  House  of  Assembly  passes  any  bill  and  the 
Senate  rejects  or  fails  to  pass  it  or  passes  it  with  amend- 
ments to  which  the  House  of  Assembly  will  not  agree,  and 
if  the  House  of  Assembly  in  the  next  session  again  passes 
the  bill  with  or  without  any  amendments  which  have  been 
made  or  agreed  to  by  the  Senate  and  the  Senate  rejects 
or  fails  to  pass  it  or  passes  it  with  amendments  to  which 
the  House  of  Assembly  will  not  agree,  the  Governor 
General  may  during  that  session  convene  a  joint  sitting 
of  the  members  of  the  Senate  and  House  of  Assembly. 
The  members  present  at  any  such  joint  sitting  may  de- 
liberate and  shall  vote  together  upon  the  bill  as  last 
proposed  by  the  House  of  Assembly  and  upon  amend- 
ments, if  any,  which  have  been  made  therein  by  one  House 
of  Parliament  and  not  agreed  to  by  the  other;  and  such 


270      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

amendments  which  are  affirmed  by  a  majority  of  the  total 
number  of  members  of  the  Senate  and  House  of  Assembly 
present  at  such  sitting  shall  be  taken  to  have  been  carried, 
and  if  the  bill  with  the  amendments,  if  any,  is  affirmed  by 
a  majority  of  the  members  of  the  Senate  and  House  of 
Assembly  present  at  such  sitting,  it  shall  be  taken  to  have 
been  duly  passed  by  both  Houses  of  Parliament:  Provided 
that,  if  the  Senate  shall  reject  or  fail  to  pass  any  bill 
dealing  with  the  appropriation  of  revenue  or  moneys  for 
the  public  service,  such  joint  sitting  may  be  convened  dur- 
ing the  same  session  in  which  the  Senate  so  rejects  or 
fails  to  pass  such  bill. 

64.  When  a  bill  is  presented  to  the  Governor  General 
for  the  King's  assent,  he  shall  declare  according  to  his 
discretion,  but  subject  to  the  provisions  of  this  Act,  and  to 
such  instructions  as  may  from  time  to  time  be  given  in 
that  behalf  of  the  King,  that  he  assents  in  the  King's 
name,  or  that  he  withholds  assent,  or  that  he  reserves  the 
bill  for  the  signification  of  the  King's  pleasure.  All  bills 
repealing  or  amending  this  section  or  any  of  the  provisions 
of  Chapter  IV.  under  the  heading  "House  of  Assembly", 
and  all  bills  abolishing  provincial  councils  or  abridging  the 
powers  conferred  on  provincial  councils  under  section 
eighty-five,  otherwise  than  in  accordance  with  the  pro- 
visions of  that  section  shall  be  so  reserved.  The  Governor 
General  may  return  to  the  House  in  which  it  originated 
any  bill  so  presented  to  him,  and  may  transmit  therewith 
any  amendments  which  he  may  recommend,  and  the  House 
may  deal  with  the  recommendation. 

65.  The  King  may  disallow  any  law  within  one  year 
after  it  has  been  assented  to  by  the  Governor  General,  and 
such  disallowance,  on  being  made  known  by  the  Governor 
General  by  speech  or  message  to  each  of  the  Houses  of 


SOUTH  AFRICA  271 

Parliament  or  by  proclamation,  shall  annul  the  law  from 
the  day  when  the  disallowance  is  so  made  known. 

66.  A  bill  reserved  for  the  King's  pleasure  shall  not 
have  any  force  unless  and  until,  within  one  year  from  the 
day  on  which  it  was  presented  to  the  Governor  General 
for  the  King's  assent,  the  Governor  General  makes  known 
by  speech  or  message  to  each  of  the  Houses  of  Parliament 
or  by  proclamation  that  it  has  received  the  King's  assent. 

67.  As  soon  as  may  be  after  any  law  shall  have  been 
assented  to  in  the  King's  name  by  the  Governor  General, 
or  having  been  reserved  for  the  King's  pleasure  shall  have 
received  his  assent,  the  Clerk  of  the  House  of  Assembly 
shall  cause  two  fair  copies  of  such  law,  one  being  in  the 
English  and  the  other  in  the  Dutch  language  (one  of 
which  copies  shall  be  signed  by  the  Governor  General),  to 
be  enrolled  of  record  in  the  office  of  the  registrar  of  the 
Appellate  Division  of  the  Supreme  Court  of  South  Africa; 
and  such  copies  shall  be  conclusive  evidence  as  to  the  pro- 
visions of  every  such  law,  and  in  case  of  conflict  between 
the  two  copies  thus  deposited  that  signed  by  the  Governor 
General  shall  prevail. 

V. — The  Provinces 
Administrators 

68. —  (1)  In  each  Province  there  shall  be  a  chief  execu- 
tive officer  appointed  by  the  Governor  General  in  Council, 
who  shall  be  styled  the  administrator  of  the  Province,  and 
in  whose  name  all  executive  acts  relating  to  provincial 
affairs  therein  shall  be  done. 

(2)  In  the  appointment  of  the  administrator  of  any 
Province,  the  Governor  General  in  Council  shall,  as  far  as 


272      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

practicable,    give   preference   to   persons   resident   in   such 
Province. 

(3)  Such  administrator  shall  hold  office  for  a  term  of 
five  years  and  shall  not  be  removed  before  the  expiration 
thereof  except  by  the  Governor  General  in  Council  for 
cause  assigned,  which  shall  be  communicated  by  message 
to  both  Houses  of  Parliament  within  one  week  after  the 
removal,  if  Parliament  be  then  sitting,  or,  if  Parliament 
be  not  sitting,  then  within  one  week  after  the  commence- 
ment of  the  next  ensuing  session. 

(4)  The  Governor  General  in  Council  may  from  time 
to  time  appoint  a  deputy  administrator  to  execute  the 
office  an  functions  of  the  administrator  during  his  absence, 
illness  or  other  inability. 

69.  The  salaries  of  the  administrators  shall  be  fixed  and 
provided  by  Parliament,  and  shall  not  be  reduced  during 
their  respective  terms  of  office. 

Provincial  Councils 

70. —  (1)  There  shall  be  a  Provincial  Council  in  each 
Province  consisting  of  the  same  number  of  members  as  are 
elected  in  the  Province  for  the  House  of  Assembly;  Pro- 
vided that,  in  any  province  whose  representatives  in  the 
House  of  Assembly  shall  be  less  than  twenty-five  in  num- 
ber, the  Provincial  Council  shall  consist  of  twenty-five 
members. 

(2)  Any  person  qualified  to  vote  for  the  election  of 
members  of  the  Provincial  Council  shall  be  qualified  to  be 
a  member  of  such  Council. 

71. —  (1)  The  members  of  the  Provincial  Council  shall  be 
elected  by  the  persons  qualified  to  vote  for  the  election 
of  members  of  the  House  of  Assembly  in  the  Province 


SOUTH  AFRICA  s73 

voting  in  the  same  electoral  divisions  as  are  delimited  for 
the  election  of  members  of  the  House  of  Assembly:  Pro- 
vided that,  in  any  Province  in  which  less  than  twenty-five 
members  are  elected  to  the  House  of  Assembly,  the  de- 
limitation of  the  electoral  divisions,  and  any  necessary 
reallocation  of  members  or  adjustment  of  electoral  di- 
visions, shall  be  effected  by  the  same  commission  and  on 
the  same  principles  as  are  prescribed  in  regard  to  the  elec- 
toral divisions  for  the  House  of  Assembly. 

(2)  Any  alteration  in  the  number  of  members  of  the 
Provincial  Council,  and  any  redivision  of  the  Province  into 
electoral  divisions,  shall  come  into  operation  at  the  next 
general  election  for  such  Council  held  after  the  completion 
of  such  redivision,  or  of  any  allocation  consequent  upon 
such  alteration,  and  not  earlier. 

(3)  The  election  shall  take  place  at  such  times  as  the 
administrator  shall  by  proclamation  direct,  and  the  pro- 
visions of  section  thirty-seven  applicable  to  the  election  of 
members  of  the  House  of  Assembly  shall  mutatis  mutandis 
apply  to  such  election. 

72.  The  provisions  of  sections  fifty-three,  fifty-four,  and 
fifty-five,  relative  to  members  of  the  House  of  Assembly 
shall  mutatis  mutandis  apply  to  members  of  the  Provincial 
Councils :  Provided  that  any  member  of  a  Provincial  Coun- 
cil who  shall  become  a  member  of  either  House  of  Parlia- 
ment shall  thereupon  cease  to  be  a  member  of  such  Pro- 
vincial council. 

73.  Each  Provincial  Council  shall  continue  for  three 
years  from  the  date  of  its  first  meeting,  and  shall  not  be 
subject  to  dissolution  save  by  effluxion  of  time. 

74.  The  administrator  of  each  Province  shall  by  procla- 
mation fix  such  times  for  holding  the  sessions  of  the  Pro- 
vincial Council  as  he  may  think  fit,  and  may  from  time  to 


274     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

time  prorogue  such  Council:  Provided  that  there  shall  be 
a  session  of  every  Provincial  Council  once  at  least  in  every 
year,  so  that  a  period  of  twelve  months  shall  not  intervene 
between  the  last  sitting  of  the  Council  in  one  session  and 
its  first  sitting  in  the  next  session. 

75.  The  Provincial  Council  shall  elect  from  among  its 
members  a  chairman,  and  may  make  rules  for  the  conduct 
of  its  proceedings.  Such  rules  shall  be  transmitted  by  the 
administrator  to  the  Governor  General,  and  shall  have  full 
force  and  effect  unless  and  until  the  Governor  General  in 
Council  shall  express  his  disapproval  thereof  in  writing 
addressed  to  the  administrator. 

76.  The  members  of  the  Provincial  Council  shall  receive 
such  allowances  as  shall  be  determined  by  the  Governor 
General  in  Council. 

77.  There  shall  be  freedom  of  speech  in  the  Provincial 
Council,  and  no  member  shall  be  liable  to  any  action  or 
proceeding  in  any  court  by  reason  of  his  speech  or  vote 
in  such  Council. 

Executive  Committees 

78. —  (1)  Each  Provincial  Council  shall  at  its  first  meet- 
ing after  any  general  election  elect  from  among  its  mem- 
bers, or  otherwise,  four  persons  to  form  with  the  admin- 
istrator, who  shall  be  chairman,  an  Executive  Committee  for 
the  Province.  The  members  of  the  Executive  Committee 
other  than  the  administrator  shall  hold  office  until  the 
election  of  their  successors  in  the  same  manner. 

(2)  Such  members  shall  receive  such  remuneration  as 
the  Provincial  Council,  with  the  approval  of  the  Governor 
General  in  Council,  shall  determine. 

(3)  A  member  of  the  Provincial  Council  shall  not  be 
disqualified   from   sitting   as   a   member   by   reason   of  his 


SOUTH  AFRICA  275 

having  been  elected  as  a  member  of  the  Executive  Com- 
mittee. 

(4)  Any  casual  vacancy  arising  in  the  Executive  Com- 
mittee shall  be  filled  by  election  by  the  Provincial  Council 
if  then  in  session  or,  if  the  Council  is  not  in  session,  by  a 
person  appointed  by  the  Executive  Committee  to  hold  office 
temporarily  pending  an  election  by  the  Council. 

79.  The  administrator  and  any  other  member  of  the 
Executive  Committee  of  a  Province,  not  being  a  member 
of  the  Provincial  Council,  shall  have  the  right  to  take  part 
in  the  proceedings  of  the  Council,  but  shall  not  have  the 
right  to  vote. 

80.  The  Executive  Committee  shall  on  behalf  of  the 
Provincial  Council  carry  on  the  administration  of  provincial 
affairs.  Until  the  first  election  of  members  to  serve  on  the 
Executive  Committee,  such  administration  shall  be  carried 
on  by  the  administrator.  Whenever  there  are  not  suf- 
ficient members  of  the  Executive  Committee  to  form  a 
quorum  according  to  the  rules  of  the  Committee,  the  ad- 
ministrator shall,  as  soon  as  practicable,  convene  a  meeting 
of  the  Provincial  Council  for  the  purpose  of  electing  mem- 
bers to  fill  the  vacancies,  and  until  such  election  the  ad- 
ministrator shall  carry  on  the  administration  of  provincial 
affairs. 

81.  Subject  to  the  provisions  of  this  Act,  all  powers, 
authorities,  and  functions  which  at  the  establishment  of  the 
Union  are  in  any  of  the  Colonies  vested  in  or  exercised  by 
the  Governor  or  the  Governor  in  Council,  or  any  minister 
of  the  Colony,  shall  after  such  establishment  be  vested  in 
the  Executive  Committee  of  the  Province  so  far  as  such 
powers,  authorities,  and  functions  relate  to  matters  in  re- 
spect of  which  the  Provincial  Council  is  competent  to  make 
ordinances. 


276     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

82.  Questions  arising  in  the  Executive  Committee  shall 
be  determined  by  a  majority  of  votes  of  the  members 
present,  and,  in  case  of  an  equality  of  votes,  the  admin- 
istrator shall  have  also  a  casting  vote.  Subject  to  the 
approval  of  the  Governor  General  in  Council,  the  Execu- 
tive Committee  may  make  rules  for  the  conduct  of  its 
proceedings. 

83.  Subject  to  the  provisions  of  any  law  passed  by 
Parliament  regulating  the  conditions  of  appointment,  ten- 
ure of  office,  retirement  and  superannuation  of  public  offi- 
cers, the  Executive  Committee  shall  have  power  to  appoint 
such  officers  as  may  be  necessary,  in  addition  to  officers 
assigned  to  the  Province  by  the  Governor  General  in  Coun- 
cil under  the  provisions  of  this  Act,  to  carry  out  the 
services  entrusted  to  them  and  to  make  and  enforce  regu- 
lations for  the  organization  and  discipline  of  such  officers. 

84.  In  regard  to  all  matters  in  respect  of  which  no 
powers  are  reserved  or  delegated  to  the  Provincial  Council, 
the  administrator  shall  act  on  behalf  of  the  Governor 
General  in  Council  when  required  to  do  so,  and  in  such 
matters  the  administrator  may  act  without  reference  to  the 
other  members  of  the  Executive  Committee. 

Powers  of  Provincial  Councils 

85.  Subject  to  the  provisions  of  this  Act  and  the  assent 
of  the  Governor  General  in  Council  as  hereinafter  pro- 
vided, the  Provincial  Council  may  make  ordinances  in  re- 
lation to  matters  coming  within  the  following  classes  of 
subjects  (that  is  to  say) : 

(i)  Direct  taxation  within  the  Province  in  order  to  raise 
Council  and  in  accordance  with  regulations  to  be 
framed  by  Parliament. 

(ii)    The  borrowing  of  money   on  the   sole   credit   of   the 


SOUTH  AFRICA  277 

Province  with  the  consent  of  the  Governor  General  in 
a  revenue  for  Provincial  purposes. 

(iii)  Education,  other  than  higher  education,  for  a  period 
of  five  years  and  thereafter  until  Parliament  otherwise 
provides : 

(iv)  Agriculture  to  the  extent  and  subject  to  the  con- 
ditions to  be  defined  by  Parliament: 

(v)  The  establishment,  maintenance,  and  management  of 
hospitals  and  charitable  institutions: 

(vi)  Municipal  institutions,  divisional  councils,  and  other 
local  institutions  of  a  similar  nature: 

(vii)  Local  works  and  undertakings  within  the  Province, 
other  than  railways  and  harbors  and  other  than  such 
works  as  extend  beyond  the  borders  of  the  Province, 
and  subject  to  the  power  of  Parliament  to  declare  any 
work  a  national  work  and  to  provide  for  its  construc- 
tion by  arrangement  with  the  Provincial  Council  or 
otherwise : 

(viii)  Roads,  outspans,  ponts,  and  bridges,  other  than 
bridges  connecting  two  Provinces: 

(ix)   Markets  and  pounds: 

(x)    Fish  and  game  preservation: 

(xi)  The  imposition  of  punishment  by  fine,  penalty,  or 
imprisonment  for  enforcing  any  law  or  any  ordinance 
of  the  Province  made  in  relation  to  any  matter  coming 
within  any  of  the  classes  of  subjects  enumerated  in 
this  section: 

(xii)  Generally  all  matters  which,  in  the  opinion  of  the 
Governor  General  in  Council,  are  of  a  merely  local 
or  private  nature  in  the  Province: 

(xiii)   All  other  subjects  in  respect  of  which  Parliament 
shall  by  any  law  delegate  the  power  of  making  ordin- 
ances to  the  Provincial  Council. 
86.    Any  ordinance  made  by  a  Provincial  Council  shall 


278      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

have  effect  in  and  for  the  Province  as  long  and  as  far  only 
as  it  is  not  repugnant  to  any  Act  of  Parliament. 

87.  A  Provincial  Council  may  recommend  to  Parliament 
the  passing  of  any  law  relating  to  any  matter  in  respect 
of  which  such  Council  is  not  competent  to  make  ordinances. 

88.  In  regard  to  any  matter  which  requires  to  be  dealt 
with  by  means  of  a  private  Act  of  Parliament,  the  Pro- 
vincial Council  of  the  Province  to  which  the  matter  relates 
may,  subject  to  such  procedure  as  shall  be  laid  down  by 
Parliament,  take  evidence  by  means  of  a  select  committee 
or  otherwise  for  and  against  the  passing  of  such  law,  and, 
upon  receipt  of  a  report  from  such  Council,  together  with 
the  evidence  upon  which  it  is  founded,  Parliament  may 
pass  such  Act  without  further  evidence  being  taken  in 
support  thereof. 

89.  A  provincial  revenue  fund  shall  be  formed  in  every 
Province,  into  which  shall  be  paid  all  revenues  raised  by 
or  accruing  to  the  Provincial  Council  and  all  moneys  paid 
over  by  the  Governor  General  in  Council  to  the  Provincial 
Council.  Such  fund  shall  be  appropriated  by  the  Provincial 
Council  by  ordinance  for  the  purposes  of  the  provincial 
administration  generally,  or,  in  the  case  of  moneys  paid 
over  by  the  Governor  General  in  Council  for  particular 
purposes,  then  for  such  purpose,  but  no  such  ordinance 
shall  be  passed  by  the  Provincial  Council  unless  the  ad- 
ministrator shall  have  first  recommended  to  the  Council 
to  make  provision  for  the  specific  service  for  which  the 
appropriation  is  to  be  made.  No  money  shall  be.  issued 
from  the  provincial  revenue  fund  except  in  accordance 
with  such  appropriation  and  under  warrant  signed  by  the 
administrator:  Provided  that,  until  the  expiration  of  one 
month  after  the  first  meeting  of  the  Provincial   Council, 


SOUTH  AFRICA  279 

the   administrator   may   expend   such   moneys   as   may   be 
necessary  for  the  services  of  the  Province. 

90.  When  a  proposed  ordinance  has  been  passed  by  a 
Provincial  Council  it  shall  be  presented  by  the  administrator 
to  the  Governor  General  in  Council  for  his  assent.  The 
Governor  General  in  Council  shall  declare  within  one 
month  from  the  presentation  to  him  of  the  proposed  ordin- 
ance that  he  assents  thereto,  or  that  he  withholds  assent, 
or  that  he  reserves  the  proposed  ordinance  for  further  con- 
sideration. A  proposed  ordinance  so  reserved  shall  not 
have  any  force  unless  and  until,  within  one  year  from  the 
day  on  which  it  was  presented  to  the  Governor  General  in 
Council,  he  makes  known  by  proclamation  that  it  has  re- 
ceived his  assent. 

91.  An  ordinance  assented  to  by  the  Governor  General 
in  Council  and  promulgated  by  the  administrator  shall, 
subject  to  the  provisions  of  this  Act,  have  the  force  of  law 
within  the  Province.  The  administrator  shall  cause  two 
fair  copies  of  every  such  ordinance,  one  being  in  the  Eng- 
lish and  the  other  in  the  Dutch  language  (one  of  which 
copies  shall  be  signed  by  the  Governor  General),  to  be 
enrolled  of  record  in  the  office  of  the  registrar  of  the 
Appellate  Division  of  the  Supreme  Court  of  South  Africa; 
and  such  copies  shall  be  conclusive  evidence  as  to  the 
provisions  of  such  ordinance,  and,  in  case  of  conflict  be- 
tween the  two  copies  thus  deposited,  that  signed  by  the 
Governor  General  shall  prevail. 

Miscellaneous 

92. —  (1)  In  each  Province  there  shall  be  an  auditor  of 
accounts  to  be  appointed  by  the  Governor  General  in 
Council. 


280     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

(2)  No  such  auditor  shall  be  removed  from  office  except 
by  the  Governor  General  in  Council  for  cause  assigned, 
which  shall  be  communicated  by  message  to  both  Houses 
of  Parliament  within  one  week  after  the  removal,  if  Par- 
liament be  then  sitting,  and,  if  Parliament  be  not  sitting, 
then  within  one  week  after  the  commencement  of  the  next 
ensuing  session. 

(3)  Each  such  auditor  shall  receive  out  of  the  Con- 
solidated Revenue  Fund  such  salary  as  the  Governor 
General  in  Council,  with  the  approval  of  Parliament,  shall 
determine. 

(4)  Each  such  auditor  shall  examine  and  audit  the 
accounts  of  the  Province  to  which  he  is  assigned  subject 
to  such  regulations  and  orders  as  may  be  framed  by  the 
Governor  General  in  Council  and  approved  by  Parliament, 
and  no  warrant  signed  by  the  administrator  authorizing  the 
issuing  of  money  shall  have  effect  unless  countersigned  by 
such  auditor. 

93.  Notwithstanding  anything  in  this  Act  contained, 
all  powers,  authorities,  and  functions  lawfully  exercised  at 
the  establishment  of  the  Union  by  divisional  or  municipal 
councils,  or  any  other  duly  constituted  local  authority,  shall 
be  and  remain  in  force  until  varied  or  withdrawn  by  Par- 
liament or  by  a  Provincial  Council  having  power  in  that 
behalf. 

94.  The  seats  of  provincial  government  shall  be — 
For  the  Cape  of  Good  Hope .  .  Cape  Town. 

For  Natal Pietermaritzburg. 

For   the   Transvaal Pretoria. 

For  the  Orange  Free  State.  .  .Bloemfontein 


SOUTH  AFRICA  281 

VI. — The  Supreme  Court  of  South  Africa 

95.  There  shall  be  a  Supreme  Court  of  South  Africa 
consisting  of  a  Chief  Justice  of  South  Africa,  the  ordinary 
judges  of  appeal,  and  the  other  judges  of  the  several 
divisions  of  the  Supreme  Court  of  South  Africa  in  the 
provinces. 

96.  There  shall  be  an  Appellate  Division  of  the  Su- 
preme Court  of  South  Africa,  consisting  of  the  Chief 
Justice  of  South  Africa,  two  ordinary  judges  of  appeal, 
and  two  additional  judges  of  appeal.  Such  additional 
judges  of  appeal  shall  be  assigned  by  the  Governor  Gen- 
eral in  Council  to  the  Appellate  Division  from  any  of  the 
provincial  or  local  divisions  of  the  Supreme  Court  of 
South  Africa,  but  shall  continue  to  perform  their  duties 
as  judges  of  their  respective  divisions  when  their  attend- 
ance is  not  required  in  the  Appellate  Division. 

97.  The  Governor  General  in  Council  may,  during  the 
absence,  illness,  or  other  incapacity  of  the  Chief  Justice 
of  South  Africa,  or  of  any  ordinary  or  additional  judge 
of  appeal,  appoint  any  other  judge  of  the  Supreme  Court 
of  South  Africa  to  act  temporarily  as  such  Chief  Justice, 
ordinary  judge  of  appeal,  or  additional  judge  of  appeal, 
as  the  case  may  be. 

98. —  (1)  The  several  supreme  courts  of  the  Cape  of 
Good  Hope,  Natal,  and  the  Transvaal,  and  the  High 
Court  of  the  Orange  River  Colony  shall,  on  the  establish- 
ment of  the  Union,  become  provincial  divisions  of  the 
Supreme  Court  of  South  Africa  within  their  respective 
provinces,  and  shall  each  be  presided  over  by  a  judge- 
president. 

(2)  The  court  of  the  eastern  districts  of  the  Cape  of 
Good   Hope,   the   High   Court  of   Griqualand,   the   High 


282      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Court  of  Witwatersrand,  and  the  several  circuit  courts, 
shall  become  local  divisions  of  the  Supreme  Court  of  South 
Africa  within  the  respective  areas  of  their  jurisdiction  as 
existing  at  the  establishment  of  the  Union. 

(3)  The  said  provincial  and  local  divisions,  referred  to 
in  this  Act  as  superior  courts,  shall,  in  addition  to  any 
original  jurisdiction  exercised  by  the  corresponding  courts 
of  the  Colonies  at  the  establishment  of  the  Union,  have 
jurisdiction  in  all  matters — 

(a)  in  which  the  Government  of  the  Union  or  a 
person  suing  or  being  sued  on  behalf  of  such 
Government  is  a  party: 

(b)  in  which  the  validity  of  any  provincial  ordinance 
shall  come  into  question. 

(4)  Unless  and  until  Parliament  shall  otherwise  pro- 
vide, the  said  superior  courts  shall  mutatis  mutandis  have 
the  same  jurisdiction  in  matters  affecting  the  validity  of 
elections  of  members  of  the  House  of  Assembly  and  Pro- 
vincial Councils  as  the  corresponding  courts  of  the  Colonies 
have  at  the  establishment  of  the  Union  in  regard  to  parlia- 
mentary elections  in  such  Colonies  respectively. 

99.  All  judges  of  the  supreme  courts  of  the  Colonies, 
including  the  High  Court  of  the  Orange  River  Colony, 
holding  office  at  the  establishment  of  the  Union  shall  on 
such  establishment  become  judges  of  the  Supreme  Court 
of  South  Africa,  assigned  to  the  divisions  of  the  supreme 
court  in  the  respective  Provinces,  and  shall  retain  all  such 
rights  in  regard  to  salaries  and  pensions  as  they  may  pos- 
sess at  the  establishment  of  the  Union.  The  Chief  Justices 
of  the  Colonies  holding  office  at  the  establishment  of  the 
Union  shall  on  such  establishment  become  the  Judges- 
President  of  the  divisions  of  the  supreme  court  in  the 
respective  Provinces,  but  shall  so  long  as  they  hold  that 


SOUTH  AFRICA  283 

office  retain  the  title  of  Chief  Justice  of  their  respective 
Provinces. 

100.  The  Chief  Justice  of  South  Africa,  the  ordinary 
judges  of  appeal,  and  all  other  judges  of  the  Supreme 
Court  of  South  Africa  to  be  appointed  after  the  establish- 
ment of  the  Union,  shall  be  appointed  by  the  Governor 
General  in  Council,  and  shall  receive  such  remuneration 
as  Parliament  shall  prescribe,  and  their  remuneration  shall 
not  be  diminished  during  their  continuance  in  office. 

101.  The  Chief  Justice  of  South  Africa  and  other 
judges  of  the  Supreme  Court  of  South  Africa  shall  not 
be  removed  from  office  except  by  the  Governor-General  in 
Council  on  an  address  from  both  Houses  of  Parliament 
in  the  same  session  praying  for  such  removal  on  the 
ground  of  misbehavior  or  incapacity. 

102.  Upon  any  vacancy  occurring  in  any  division  of  the 
Supreme  Court  of  South  Africa,  other  than  the  Appellate 
Division,  the  Governor  General  in  Council  may,  in  case  he 
shall  consider  that  the  number  of  judges  of  such  court 
may  with  advantage  to  the  public  interest  be  reduced, 
postpone  filling  the  vacancy  until  Parliament  shall  have 
determined  whether  such  reduction  shall  take  place. 

103.  In  every  civil  case  in  which,  according  to  the  law 
in  force  at  the  establishment  of  the  Union,  an  appeal  might 
have  been  made  to  the  supreme  court  of  any  of  the 
Colonies  from  a  superior  court  in  any  of  the  Colonies, 
or  from  the  High  Court  of  Southern  Rhodesia,  the  appeal 
shall  be  made  only  to  the  Appellate  Division,  except  in 
cases  of  orders  or  judgments  given  by  a  single  judge, 
upon  applications  by  way  of  motion  or  petition  or  on 
summons  for  provisional  sentence  or  judgments  as  to  costs 
only,  which  by  law  are  left  to  the  discretion  of  the  court. 
The  appeal  from  any  such  orders  or  judgments,  as  well  as 


284     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

any  appeal  in  criminal  cases  from  any  such  superior  court, 
or  the  special  reference  by  any  such  court  of  any  point 
of  law  in  a  criminal  case,  shall  be  made  to  the  provincial 
division  corresponding  to  the  court  which  before  the  estab- 
lishment of  the  Union  would  have  had  jurisdiction  in  the 
matter.  There  shall  be  no  further  appeal  against  any 
judgment  given  on  appeal  by  such  provincial  division 
except  to  the  Appellate  Division,  and  then  only  if  the 
Appellate  Division  shall  have  given  special  leave  to  appeal. 

104.  In  every  case,  civil  or  criminal,  in  which  at  the 
establishment  of  the  Union  an  appeal  might  have  been 
made  from  the  supreme  court  of  any  of  the  Colonies  or 
from  the  High  Court  of  the  Orange  River  Colony  to  the 
King  in  Council,  the  appeal  shall  be  made  only  to  the 
Appellate  Division:  Provided  that  the  right  of  appeal  in 
any  civil  suit  shall  not  be  limited  by  reason  only  of  the 
value  of  the  matter  in  dispute  or  the  amount  claimed  or 
awarded  in  such  suit. 

105.  In  every  case,  civil  or  criminal,  in  which  at  the 
establishment  of  the  Union  an  appeal  might  have  been 
made  from  a  court  of  resident  magistrate  or  other  inferior 
court  to  a  superior  court  in  any  of  the  Colonies,  the 
appeal  shall  be  made  to  the  corresponding  division  of  the 
Supreme  Court  of  South  Africa;  but  there  shall  be  no 
further  appeal  against  any  judgment  given  on  appeal  by 
such  division  except  to  the  Appellate  Division,  and  then 
only  if  the  Appellate  Division  shall  have  given  special 
leave  to  appeal. 

106.  There  shall  be  no  appeal  from  the  Supreme  Court 
of  South  Africa  or  from  any  division  thereof  to  the  King 
in  Council,  but  nothing  herein  contained  shall  be  construed 
to  impair  any  right  which  the  King  in  Council  may  be 
pleased  to  exercise  to  grant  special  leave  to  appeal  from 


SOUTH  AFRICA  285 

the  Appellate  Division  to  the  King  in  Council.  Parlia- 
ment may  make  laws  limiting  the  matters  in  respect  of 
which  such  special  leave  may  be  asked,  but  bills  containing 
any  such  limitation  shall  be  reserved  by  the  Governor 
General  for  the  signification  of  His  Majesty's  pleasure: 
Provided  that  nothing  in  this  section  shall  affect  any  right 
of  appeal  to  His  Majesty  in  Council  from  any  judgment 
given  by  the  Appellate  Division  of  the  Supreme  Court 
under  or  in  virtue  of  the  Colonial  Courts  of  Admiralty 
Act,  1890. 

107.  The  Chief  Justice  of  South  Africa  and  the  ordi- 
nary judges  of  appeal  may,  subject  to  the  approval  of  the 
Governor  General  in  Council,  make  rules  for  the  conduct 
of  the  proceedings  of  the  Appellate  Division  and  pre- 
scribing the  time  and  manner  of  making  appeals  thereto. 
Until  such  rules  have  been  promulgated,  the  rules  in  force 
in  the  Supreme  Court  of  the  Cape  of  Good  Hope  at  the 
establishment  of  the  Union  shall  mutatis  mutandis  apply. 

108.  The  Chief  Justice  and  other  judges  of  the  Su- 
preme Court  of  South  Africa  may,  subject  to  the  approval 
of  the  Governor  General  in  Council,  frame  rules  for  the 
conduct  of  the  proceedings  of  the  several  provincial  and 
local  divisions.  Until  such  rules  shall  have  been  promul- 
gated, the  rules  in  force  at  the  establishment  of  the  Union 
in  the  respective  courts  which  become  divisions  of  the  Su- 
preme Court  of  South  Africa  shall  continue  to  apply 
therein. 

109.  The  Appellate  Division  shall  sit  in  Bloemfontein, 
but  may  from  time  to  time  for  the  convenience  of  suitors 
hold  its  sittings  at  other  places  within  the  Union. 

110.  On  the  hearing  of  appeals  from  a  court  consisting 
of  two  or  more  judges,  five  judges  of  the  Appellate  Di- 
vision shall  form  a  quorum,  but,  on  the  hearing  of  appeals 


286     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

from  a  single  judge,  three  judges  of  the  Appellate  Di- 
vision shall  form  a  quorum.  No  judge  shall  take  part 
in  the  hearing  of  any  appeal  against  the  judgment  given 
in  a  case  heard  before  him. 

111.  The  process  of  the  Appellate  Division  shall  run 
throughout  the  Union,  and  all  its  judgments  or  orders 
shall  have  full  force  and  effect  in  every  province,  and 
shall  be  executed  in  like  manner  as  if  they  were  original 
judgments  or  orders  of  the  provincial  division  of  the  Su- 
preme Court  of  South  Africa  in  such  a  province. 

112.  The  registrar  of  every  provincial  division  of  the 
Supreme  Court  of  South  Africa,  if  thereto  requested  by 
any  party  in  whose  favor  any  judgment  or  order  has  been 
given  or  made  by  any  other  division,  shall,  upon  the  de- 
posit with  him  of  an  authenticated  copy  of  said  judgment 
or  order  and  on  proof  that  the  same  remains  unsatisfied, 
issue  a  writ  or  other  process  for  the  execution  of  such 
judgment  or  order,  and  thereupon  such  writ  or  other 
process  shall  be  executed  in  like  manner  as  if  it  had  been 
originally  issued  from  the  division  of  which  he  is  registrar. 

113.  Any  provincial  or  local  division  of  the  Supreme 
Court  of  South  Africa  to  which  it  may  be  made  to  appear 
that  any  civil  suit  pending  therein  may  be  more  conven- 
iently or  fitly  heard  or  determined  in  another  division  may 
order  the  same  to  be  removed  to  such  other  division,  and 
thereupon  such  last-mentioned  division  may  proceed  with 
such  suit  in  like  manner  as  if  it  had  been  originally  com- 
menced therein. 

114.  The  Governor  General  in  Council  may  appoint  a 
registrar  of  the  Appellate  Division  and  such  other  officers 
thereof  as  shall  be  required  for  the  proper  dispatch  of  the 
business  thereof. 

115. —  (1)    The  laws  regulating  the  admission  of  advo- 


SOUTH  AFRICA  287 

cates  and  attorneys  to  practise  before  any  superior  court 
of  any  of  the  Colonies  shall  mutatis  mutandis  apply  to 
the  admission  of  advocates  and  attorneys  to  practise  in  the 
corresponding  division  of  the  Supreme  Court  of  South 
Africa. 

(2)  All  advocates  and  attorneys  entitled  at  the  estab- 
lishment of  the  Union  to  practise  in  any  superior  court  of 
any  of  the  Colonies  shall  be  entitled  to  practise  as  such 
in  the  corresponding  division  of  the  Supreme  Court  of 
South  Africa. 

(3)  All  advocates  and  attorneys  entitled  to  practise  be- 
fore any  provincial  division  of  the  Supreme  Court  of  South 
Africa  shall  be  entitled  to  practise  before  the  Appellate 
Division. 

116.  All  suits,  civil  or  criminal,  pending  in  any  superior 
court  of  any  of  the  Colonies  at  the  establishment  of  the 
Union  shall  stand  removed  to  the  corresponding  division 
of  the  Supreme  Court  of  South  Africa,  which  shall  have 
jurisdiction  to  hear  and  determine  the  same,  and  all  judg- 
ments and  orders  of  any  superior  court  of  any  of  the 
Colonies  given  or  made  before  the  establishment  of  the 
Union  shall  have  the  same  force  and  effect  as  if  they  had 
been  given  or  made  by  the  corresponding  division  of  the 
Supreme  Court  of  South  Africa.  All  appeals  to  the  King 
in  Council  which  shall  be  pending  at  the  establishment  of 
the  Union  shall  be  proceeded  with  as  if  this  Act  had  not 
been  passed. 

VII. — Finance  and  Railways 

117.  All  revenues,  from  whatever  source  arising,  over 
which  the  several  Colonies  have  at  the  establishment  of  the 
Union  power  of  appropriation,  shall  vest  in  the  Governor 
General  in  Council.     There  shall  be  formed  a  Railway  and 


288     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Harbor  Fund  into  which  shall  be  paid  all  revenues 
raised  or  received  by  the  Governor  General  in  Council 
from  the  administration  of  the  railways,  ports,  and  har- 
bors, and  such  fund  shall  be  appropriated  by  Parliament 
to  the  purposes  of  the  railways,  ports,  and  harbors  in  the 
manner  prescribed  by  this  Act.  There  shall  also  be  form- 
ed a  Consolidated  Revenue  Fund,  into  which  shall  be  paid 
all  other  revenues  raised  or  received  by  the  Governor 
General  in  Council,  and  such  fund  shall  be  appropriated 
by  Parliament  for  the  purposes  of  the  Union  in  the  manner 
prescribed  by  this  Act,  and  subject  to  the  charges  imposed 
thereby. 

118.  The  Governor  General  in  Council  shall,  as  soon 
as  may  be  after  the  establishment  of  the  Union,  appoint  a 
commission,  consisting  of  one  representative  from  each 
province,  and  presided  over  by  an  officer  from  the  Imperial 
Service,  to  institute  an  inquiry  into  the  financial  relations 
which  should  exist  between  the  Union  and  the  provinces. 
Pending  the  completion  of  that  inquiry  and  until  Parlia- 
ment otherwise  provides,  there  shall  be  paid  annually  out 
of  the  Consolidated  Revenue  Fund  to  the  administrator 
of  each  province — 

(a)  an  amount  equal  to  the  sum  provided  in  the  es- 
timates for  education,  other  than  higher  educa- 
tion, in  respect  of  the  financial  year,  1908-9,  as 
voted  by  the  Legislature  of  the  corresponding 
Colony  during  the  year  nineteen  hundred  and 
eight; 

(b)  such  further  sums  as  the  Governor  General  in 
Council  may  consider  necessary  for  the  due  per- 
formance of  the  services  and  duties  assigned  to 
the  provinces  respectively. 

Until  such  inquiry  shall  be  completed  and  Parliament 


SOUTH  AFRICA  289 

shall  have  made  other  provision,  the  Executive  Committees 
in  the  several  provinces  shall  annually  submit  estimates  of 
their  expenditures  for  the  approval  of  the  Governor  Gen- 
eral in  Council,  and  no  expenditure  shall  be  incurred  by 
any  Executive  Committee  which  is  not  provided  for  in  such 
approved  estimates. 

119.  The  annual  interest  of  the  public  debts  of  the 
Colonies  and  any  sinking  funds  constituted  by  law  at  the 
establishment  of  the  Union  shall  form  a  first  charge  on  the 
Consolidated  Revenue  Fund. 

120.  No  money  shall  be  withdrawn  from  the  Consoli- 
dated Revenue  Fund  or  the  Railway  and  Harbor  Fund 
except  under  appropriation  made  by  law.  But,  until  the 
expiration  of  two  months  after  the  first  meeting  of  Parlia- 
ment, the  Governor  General  in  Council  may  draw  there- 
from and  expend  such  moneys  as  may  be  necessary  for  the 
public  service,  and  for  railway  and  harbor  administration 
respectively. 

121.  All  stocks,  cash,  bankers'  balances,  and  securities 
for  money  belonging  to  each  of  the  Colonies  at  the  estab- 
lishment of  the  Union  shall  be  the  property  of  the  Union: 
Provided  that  the  balances  of  any  funds  raised  at  the 
establishment  of  the  Union  by  law  for  any  special  pur- 
poses in  any  of  the  Colonies  shall  be  deemed  to  have  been 
appropriated  by  Parliament  for  the  special  purposes  for 
which  they  have  been  provided. 

122.  Crown  lands,  public  works,  and  all  property 
throughout  the  Union,  movable  or  immovable,  and  all 
rights  of  whatever  description  belonging  to  the  several 
Colonies  at  the  establishment  of  the  Union,  shall  vest  in 
the  Governor  General  in  Council  subject  to  any  debt  or 
liability  specifically  charged  thereon. 

123.  All  rights  in  and  to  mines  and  minerals,  and  all 


290      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

rights  in  connection  with  the  searching  for,  working  for, 
or  disposing  of,  minerals  or  precious  stones,  which  at  the 
establishment  of  the  Union  are  vested  in  the  Government 
of  any  of  the  Colonies,  shall  on  such  establishment  vest  in 
the  Governor  General  in  Council. 

124.  The  Union  shall  assume  all  debts  and  liabilities  of 
the  Colonies  existing  at  its  establishment,  subject,  notwith- 
standing any  other  provision  contained  in  this  Act,  to  the 
conditions  imposed  by  any  law  under  which  such  debts  or 
liabilities  were  raised  or  incurred,  and  without  prejudice 
to  any  rights  of  security  or  priority  in  respect  of  the  pay- 
ment of  principal,  interest,  sinking  fund,  and  other  charges 
conferred  on  the  creditors  of  any  of  the  Colonies,  and  may, 
subject  to  such  conditions  and  rights,  convert,  renew,  or 
consolidate  such  debts. 

125.  All  ports,  harbors,  and  railways  belonging  to 
the  several  Colonies  at  the  establishment  of  the  Union 
shall  from  the  date  thereof  vest  in  the  Governor  General  in 
Council.  No  railway  for  the  conveyance  of  public  traffic 
and  no  port,  harbor,  or  similar  work,  shall  be  constructed 
without  the  sanction  of  Parliament. 

126.  Subject  to  the  authority  of  the  Governor  General 
in  Council,  the  control  and  management  of  the  railways, 
ports,  and  harbors  of  the  Union  shall  be  exercised 
through  a  board  consisting  of  not  more  than  three  com- 
missioners, who  shall  be  appointed  by  the  Governor 
General  in  Council,  and  a  minister  of  State,  who  shall  be 
chairman.  Each  commissioner  shall  hold  office  for  a  period 
of  five  years,  but  may  be  reappointed.  He  shall  not  be 
removed  before  the  expiration  of  his  period  of  appoint- 
ment, except  by  the  Governor  General  in  Council  for 
cause  assigned,  which  shall  be  communicated  by  message  to 
both  Houses  of  Parliament  within  one  week  after  the  re- 


SOUTH  AFRICA  291 

moval,  if  Parliament  be  then  sitting,  or,  if  Parliament  be 
not  sitting,  then  within  one  week  after  the  commencement 
of  the  next  ensuing  session.  The  salaries  of  the  commis- 
sioners shall  be  fixed  by  Parliament  and  shall  not  be 
reduced  during  their  respective  terms  of  office. 

127.  The  railways,  ports,  and  harbors  of  the  Union 
shall  be  administered  on  business  principles,  due  regard 
being  had  to  agricultural  and  industrial  development  with- 
in the  Union  and  promotion,  by  means  of  cheap  transport, 
of  the  settlement  of  an  agricultural  and  industrial  popula- 
tion in  the  inland  portions  of  all  provinces  of  the  Union. 
So  far  as  may  be,  the  total  earnings  shall  be  not  more  than 
are  sufficient  to  meet  the  necessary  outlays  for  working, 
maintenance,  betterment,  depreciation,  and  the  payment  of 
interest  due  on  capital  not  being  capital  contributed  out  of 
railway  or  harbor  revenue,  and  not  including  any  sums 
payable  out  of  the  Consolidated  Revenue  Fund  in  accord- 
ance with  the  provisions  of  sections  one  hundred  and  thirty 
and  one  hundred  and  thirty  one.  The  amount  of  interest 
due  on  such  capital  invested  shall  be  paid  over  from  the 
Railway  and  Harbor  Fund  into  the  Consolidated  Rev- 
enue Fund.  The  Governor  General  in  Council  shall  give 
effect  to  the  provisions  of  this  section  as  soon  as  and  at 
such  time  as  the  necessary  administrative  and  financial 
arrangements  can  be  made,  but  in  any  case  shall  give  full 
effect  to  them  before  the  expiration  of  four  years  from  the 
establishment  of  the  Union.  During  such  period,  if  the 
revenues  accruing  to  the  Consolidated  Revenue  Fund 
are  insufficient  to  provide  for  the  general  service  of  the 
Union,  and  if  the  earnings  accruing  to  the  Railway  and 
Harbor  Fund  are  in  excess  of  the  outlays  specified  herein, 
Parliament  may  by  law  appropriate  such  excess  or 
any  part  thereof  towards  the  general  expenditure  of  the 


292      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Union,  and  all  sums  so  appropriated  shall  be  paid  over  to 
the  Consolidated  Revenue  Fund. 

128.  Notwithstanding  anything  to  the  contrary  in  the 
last  preceding  section,  the  Board  may  establish  a  fund  out 
of  railway  and  harbor  revenue  to  be  used  for  maintaining, 
as  far  as  may  be,  uniformity  of  rates  notwithstanding  fluc- 
tuations in  traffic. 

129.  All  balances  standing  to  the  credit  of  any  fund 
established  in  any  of  the  Colonies  for  railway  or  harbor 
purposes  at  the  establishment  of  the  Union  shall  be  under 
the  sole  control  and  management  of  the  Board,  and  shall 
be  deemed  to  have  been  appropriated  by  Parliament  for 
the  respective  purposes  for  which  they  have  been  provided. 

130.  Every  proposal  for  the  construction  of  any  port  or 
harbor  works  or  of  any  line  of  railway,  before  being  sub- 
mitted to  Parliament,  shall  be  considered  by  the  Board, 
which  shall  report  thereon,  and  shall  advise  whether  the 
proposed  works  or  line  of  railway  should  or  should  not  be 
constructed.  If  any  such  works  or  line  shall  be  construc- 
ted contrary  to  the  advice  of  the  Board,  and  if  the  Board  is 
of  opinion  that  the  revenue  derived  from  the  operation  of 
such  works  or  line  will  be  insufficient  to  meet  the  costs  of 
working  and  maintenance,  and  of  interest  on  the  capital 
invested  therein,  it  shall  frame  an  estimate  of  the  annual 
loss  which,  in  its  opinion,  will  result  from  such  operation. 
Such  estimate  shall  be  examined  by  the  Controller  and 
Auditor  General,  and  when  approved  by  him  the  account 
thereof  shall  be  paid  over  annually  from  the  Consolidated 
Revenue  Fund  to  the  Railway  and  Harbor  Fund:  Pro- 
vided that,  if  in  any  year  the  actual  loss  incurred,  as 
calculated  by  the  Board  and  certified  by  the  Controller 
and  Auditor  General,  is  less  than  the  estimate  framed  by 
the  Board,  the  amount  paid  over  in  respect  of  that  year 


SOUTH  AFRICA  293 

shall  be  reduced  accordingly  so  as  not  to  exceed  the  actual 
loss  incurred.  In  calculating  the  loss  arising  from  the 
operation  of  any  such  work  or  line,  the  Board  shall  have 
regard  to  the  value  of  any  contributions  of  traffic  to  other 
parts  of  the  system  which  may  be  due  to  the  operation  of 
such  work  or  line. 

131.  If  the  Board  shall  be  required  by  the  Governor 
General  in  Council  or  under  any  Act  of  Parliament  or 
resolution  of  both  Houses  of  Parliament  to  provide  any 
services  or  facilities  either  gratuitously  or  at  a  rate  of 
charge  which  is  insufficient  to  meet  the  costs  involved  in  the 
provision  of  such  services  or  facilities,  the  Board  shall  at 
the  end  of  each  financial  year  present  to  Parliament  an 
account  approved  by  the  Controller  and  Auditor  General, 
showing,  as  nearly  as  can  be  ascertained,  the  amount  of 
the  loss  incurred  by  reason  of  the  provision  of  such  serv- 
ices and  facilities,  and  such  amount  shall  be  paid  out  of 
the  Consolidated  Revenue  Fund  to  the  Railway  and  Har- 
bor Fund. 

132.  The  Governor  General  in  Council  shall  appoint  a 
Controller  and  Auditor  General  who  shall  hold  office  dur- 
ing good  behavior:  provided  that  he  shall  be  removed  by 
the  Governor  General  in  Council  on  an  address  praying  for 
such  removal  presented  to  the  Governor  General  by  both 
Houses  of  Parliament:  provided  further  that  when  Par- 
liament is  not  in  session  the  Governor  General  in  Council 
may  suspend  such  officer  on  the  ground  of  incompetence 
or  misbehavior;  and,  when  and  so  often  as  such  suspension 
shall  take  place,  a  full  statement  of  the  circumstances 
shall  be  laid  before  both  Houses  of  Parliament  within 
fourteen  days  after  the  commencement  of  its  next  ses- 
sion; and,  if  an  address  shall  at  any  time  during  the  ses- 
sion of  Parliament  be  presented  to  the  Governor  General 


294     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

by  both  Houses  praying  for  the  restoration  to  office  of 
such  officer,  he  shall  be  restored  accordingly;  and  if  no 
such  address  be  presented  the  Governor  General  shall  con- 
firm such  suspension  and  shall  declare  the  office  of  Con- 
troller and  Auditor  General  to  be,  and  it  shall  thereupon 
become,  vacant.  Until  Parliament  shall  otherwise  provide, 
the  Controller  and  Auditor  General  shall  exercise  such 
powers  and  functions  and  undertake  such  duties  as  may 
be  assigned  to  him  by  the  Governor  General  in  Council  by 
regulations  framed  in  that  behalf. 

133.  In  order  to  compensate  Pietermaritzburg  and 
Bloemfontein  for  any  loss  sustained  by  them  in  the  form 
of  diminution  of  prosperity  or  decreased  ratable  value  by 
reason  of  their  ceasing  to  be  the  seats  of  government  of 
their  respective  colonies,  there  shall  be  paid  from  the  Con- 
solidated Revenue  Fund  for  a  period  not  exceeding 
twenty-five  years  to  the  municipal  councils  of  such  towns 
a  grant  of  two  per  centum  per  annum  on  their  municipal 
debts,  as  existing  on  the  thirty-first  day  of  January,  nine- 
teen hundred  and  nine,  and  as  ascertained  by  the  Controller 
and  Auditor  General.  The  Commission  appointed  under 
section  one  hundred  and  eighteen  shall,  after  due  inquiry, 
report  to  the  Governor  General  in  Council  what  compensa- 
tion should  be  paid  to  the  municipal  councils  of  Cape 
Town  and  Pretoria  for  the  losses,  if  any,  similarly  sus- 
tained by  them.  Such  compensation  shall  be  paid  out  of 
the  Consolidated  Revenue  Fund  for  a  period  not  exceeding 
twenty-five  years,  and  shall  not  exceed  one  per  centum 
per  annum  on  the  respective  municipal  debts  of  such  towns 
as  existing  on  the  thirty-first  day  of  January  nineteen  hun- 
dred and  nine,  and  as  ascertained  by  the  Controller  and 
Auditor  General.  For  the  purposes  of  this  section  Cape 
Town  shall  be  deemed  to  include  the  municipalities  of  Cape 


SOUTH  AFRICA  295 

Town,  Green  Point,  and  Sea  Point,  Woodstock,  Mowbray, 
and  Rondebosch,  Claremont,  and  Wynberg,  and  any  grant 
made  to  Cape  Town  shall  be  payable  to  the  councils  of 
such  municipalities  in  proportion  to  their  respective  debts. 
One  half  of  any  such  grants  shall  be  applied  to  the  re- 
demption of  the  municipal  debts  of  such  towns  respective- 
ly. At  any  time  after  the  tenth  annual  grant  has  been 
paid  to  any  of  such  towns  the  Governor  General  in  Coun- 
cil, with  the  approval  of  Parliament,  may  after  due  in- 
quiry withdraw  or  reduce  the  grant  to  such  town. 

VIII. — General 

134.  The  election  of  Senators  and  of  members  of  the 
executive  committees  of  the  Provincial  Councils  as  pro- 
vided in  this  Act  shall,  whenever  such  election  is  contested, 
be  according  to  the  principle  of  proportional  representa- 
tion, each  voter  having  one  transferable  vote.  The  Gov- 
ernor General  in  Council,  or,  in  the  case  of  the  first  election 
of  the  Senate,  the  Governor  in  Council  of  each  of  the  Colo- 
nies, shall  frame  regulations  prescribing  the  methods  of 
voting  and  of  transferring  and  counting  votes  and  the 
duties  of  returning  officers  in  connection  therewith,  and 
such  regulations  or  any  amendments  thereof  after  being 
duly  promulgated  shall  have  full  force  and  effect  unless 
and  until  Parliament  shall  otherwise  provide. 

135.  Subject  to  the  provisions  of  this  Act,  all  laws  in 
force  in  the  several  Colonies  at  the  establishment  of  the 
Union  shall  continue  in  force  in  the  respective  Province 
until  repealed  or  amended  by  Parliament,  or  by  the  Pro- 
vincial Councils  in  matters  in  respect  of  which  the  power 
to  make  ordinances  is  reserved  or  delegated  to  them.  All 
legal  commissions  in  the  several  Colonies  at  the  establish- 


296     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

merit  of  the  Union  shall  continue  as  if  the  Union  had  not 
been  established. 

136.  There  shall  be  free  trade  throughout  the  Union, 
but  until  Parliament  otherwise  provides  the  duties  of  cus- 
tom and  of  excise  leviable  under  the  laws  existing  in  any 
of  the  Colonies  at  the  establishment  of  the  Union  shall 
remain  in  force. 

137.  Both  the  English  and  Dutch  languages  shall  be 
official  languages  of  the  Union,  and  shall  be  treated  on  a 
footing  of  equality,  and  possess  and  enjoy  equal  freedom, 
rights,  and  privileges ;  all  records,  j  ournals,  and  proceedings 
of  Parliament  shall  be  kept  in  both  languages,  and  all 
bills,  Acts,  and  notices  of  general  public  importance  or 
interest  issued  by  the  Government  of  the  Union  shall  be 
in  both  languages. 

138.  All  persons  who  have  been  naturalized  in  any  of 
the  Colonies  shall  be  deemed  to  be  naturalized  throughout 
the  Union. 

139.  The  administration  of  justice  throughout  the  Un- 
ion shall  be  under  the  control  of  a  Minister  of  State,  in 
whom  shall  be  vested  all  powers,  authorities,  and  func- 
tions which  shall  at  the  establishment  of  the  Union  be 
vested  in  the  Attorneys  General  of  the  Colonies,  save  and 
except  all  powers,  authorities,  and  functions  relating  to 
the  prosecution  of  crimes  and  offences,  which  shall  in  each 
Province  be  vested  in  an  officer  to  be  appointed  by  the 
Governor  General  in  Council,  and  styled  the  Attorney 
General  of  the  Province,  who  shall  also  discharge  such 
other  duties  as  may  be  assigned  to  him  by  the  Governor 
General  in  Council:  Provided  that  in  the  Province  of 
Good  Hope  the  Solicitor  General  for  the  Eastern  Districts 
and  the  Crown  Prosecutor  for  Griqualand  West  shall  re- 
spectively continue  to  exercise  the  powers  and  duties  by 


SOUTH  AFRICA  297 

law  vested  in  them  at  the  time  of  the  establishment  of  the 
Union. 

140.  Subject  to  the  provisions  of  the  next  succeeding 
section,  all  officers  of  the  public  service  of  the  Colonies 
shall  at  the  establishment  of  the  Union  become  officers  of 
the  Union. 

141. —  (1)  As  soon  as  possible  after  the  establishment 
of  the  Union,  the  Governor  General  in  Council  shall  ap- 
point a  public  service  commission  to  make  recommendations 
for  such  reorganization  and  readjustment  of  the  Depart- 
ments of  the  public  service  as  may  be  necessary.  The 
commission  shall  also  make  recommendations  in  regard  to 
the  assignment  of  officers  to  the  several  Provinces. 

(2)  The  Governor  General  in  Council  may  after  such 
commission  has  reported  assign  from  time  to  time  to  each 
Province  such  officers  as  may  be  necessary  for  the  proper 
discharge  of  the  services  reserved  or  delegated  to  it,  and 
such  officers  on  being  so  assigned  shall  become  officers  of 
the  Province.  Pending  the  assignment  of  such  officers, 
the  Governor  General  in  Council  may  place  at  the  disposal 
of  the  Provinces  the  services  of  such  officers  of  the  Union 
as  may  be  necessary. 

(3)  The  provisions  of  this  section  shall  not  apply  to 
any  service  or  department  under  the  control  of  the  Rail- 
way and  Harbor  Board,  or  to  any  person  holding  office 
under  the  Board. 

142.  After  the  establishment  of  the  Union  the  Governor 
General  in  Council  shall  appoint  a  permanent  public  serv- 
ice commission  with  such  powers  and  duties  relating  to 
the  appointment,  discipline,  retirement,  and  superannua- 
tion of  public  officers  as  Parliament  shall  determine. 

143.  Any  officer  of  the  public  service  of  any  of  the 
Colonies   at   the   establishment   of   the   Union   who   is   not 


298      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

retained  in  the  service  of  the  Union  or  assigned  to  that 
of  a  Province  shall  be  entitled  to  receive  such  pension, 
gratuity,  or  other  compensation  as  he  would  have  received 
in  like  circumstances  if  the  Union  had  not  been  established. 

144.  Any  officer  of  the  public  service  of  any  of  the 
Colonies  at  the  establishment  of  the  Union  who  is  retained 
in  the  service  of  the  Union  or  assigned  to  that  of  a  Prov- 
ince shall  retain  all  his  existing  and  accruing  rights,  and 
shall  be  entitled  to  retire  from  the  service  at  the  time  at 
which  he  would  have  been  entitled  by  law  to  retire,  and 
on  the  pension  or  retiring  allowance  to  which  he  would 
have  been  entitled  by  law  in  like  circumstances  if  the 
Union  had  not  been  established. 

145.  The  services  of  officers  in  the  public  service  of  any 
of  the  Colonies  at  the  establishment  of  the  Union  shall  not 
be  dispensed  with  by  reason  of  their  want  of  knowledge 
of  either  the  English  or  Dutch  language. 

146.  Any  permanent  officer  of  the  Legislature  of  any 
of  the  Colonies  who  is  not  retained  in  the  service  of  the 
Union,  or  assigned  to  that  of  any  Province,  and  for  whom 
no  provision  shall  have  been  made  by  such  Legislature, 
shall  be  entitled  to  such  pension,  gratuity,  or  compensation 
as  Parliament  may  determine. 

147.  The  control  and  administration  of  native  affairs 
and  of  matters  specially  or  differentially  affecting  Asiatics 
throughout  the  Union  shall  vest  in  the  Governor  General 
in  Council,  who  shall  exercise  all  special  powers  in  regard 
to  native  administration  hitherto  vested  in  the  Governors 
of  the  Colonies  or  exercised  by  them  as  supreme  chiefs, 
and  any  lands  vested  in  the  Governor  or  Governor  and 
Executive  Council  of  any  Colony  for  the  purpose  of  re- 
serves for  native  locations  shall  vest  in  the  Governor 
General  in  Council,  who  shall  exercise  all  special  powers  in 


SOUTH  AFRICA  299 

relation  to  such  reserves  as  may  hitherto  have  been  exer- 
cisable by  any  such  Governor  or  Governor  and  Executive 
Council,  and  no  lands  set  aside  for  the  occupation  of 
natives  which  cannot  at  the  establishment  of  the  Union  be 
alienated  except  by  an  Act  of  the  Colonial  Legislature 
shall  be  alienated  or  in  any  way  diverted  from  the  pur- 
poses for  which  they  are  set  apart  except  under  the 
authority  of  an  Act  of  Parliament. 

148. —  (1)  All  rights  and  obligations  under  any  con- 
ventions or  agreements  which  are  binding  on  any  of  the 
Colonies  shall  devolve  upon  the  Union  at  its  establishment. 

(2)  The  provisions  of  the  railway  agreement  between 
the  Governments  of  the  Transvaal,  the  Cape  of  Good 
Hope,  and  Natal,  dated  the  second  of  February,  nineteen 
hundred  and  nine,  shall,  as  far  as  practicable,  be  given 
effect  to  by  the  Government  of  the  Union. 

IX. — New  Provinces  and  Territories 

149.  Parliament  may  alter  the  boundaries  of  any  Prov- 
ince, divide  a  Province  into  two  or  more  Provinces,  or  form 
a  new  Province  out  of  Provinces  within  the  Union,  on  the 
petition  of  the  Provincial  Council  of  every  Province  whose 
boundaries  are  affected  thereby. 

150.  The  King,  with  the  advice  of  the  Privy  Council, 
may  on  addresses  from  the  Houses  of  Parliament  of  the 
Union  admit  into  the  Union  the  territories  administered  by 
the  British  South  Africa  Company  on  such  terms  and 
conditions  as  to  representation  and  otherwise  in  each  case 
as  are  expressed  in  the  addresses  and  approved  by  the 
King,  and  the  provisions  of  any  Order  in  Council  in  that 
behalf  shall  have  effect  as  if  they  had  been  enacted  by 
the  Parliament  of  the  United  Kingdom  of  Great  Britain 
and  Ireland. 


300     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

151.  The  King,  with  the  advice  of  the  Privy  Council, 
may,  on  addresses  from  the  Houses  of  Parliament  of  the 
Union,  transfer  to  the  Union  the  government  of  any  terri- 
tories, other  than  the  territories  administered  by  the  British 
South  Africa  Company,  belonging  to  or  under  the  pro- 
tection of  His  Majesty,  and  inhabited  wholly  or  in  part 
by  natives,  and  upon  such  transfer  the  Governor  General 
in  Council  may  undertake  the  government  of  such  territory 
upon  the  terms  and  conditions  embodied  in  the  schedule 
to  this  Act. 

X. — Amendment  of  Act 

152.  Parliament  may  by  law  repeal  or  alter  any  of  the 
provisions  of  this  Act:  Provided  that  no  provision  thereof, 
for  the  operation  of  which  a  definite  period  of  time  is 
prescribed,  shall  during  such  period  be  repealed  or  altered: 
And  provided  further  that  no  repeal  or  alteration  of  the 
provisions  contained  in  this  section,  or  in  sections  thirty- 
three  and  thirty-four  (until  the  number  of  members  of  the 
House  of  Assembly  has  reached  the  limit  therein  pre- 
scribed, or  until  a  period  of  ten  years  has  elapsed  after 
the  establishment  of  the  Union,  whichever  is  the  longer 
period) ,  or  in  sections  thirty-five  and  one  hundred  and 
thirty-seven,  shall  be  valid  unless  the  bill  embodying  such 
repeal  or  alteration  shall  be  passed  by  both  Houses  of 
Parliament  sitting  together,  and  at  the  third  reading  be 
agreed  to  by  not  less  than  two-thirds  of  the  total  number 
of  the  members  of  both  Houses.  A  bill  so  passed  at  such 
joint  sitting  shall  be  taken  to  have  been  duly  passed  by 
both  Houses  of  Parliament. 


SOUTH  AFRICA  301 

Schedule 

1.  After  the  transfer  of  the  government  of  any  territory- 
belonging  to  or  under  the  protection  of  His  Majesty,  the 
Governor  General  in  Council  shall  be  the  legislative  au- 
thority, and  may  by  proclamation  make  laws  for  the  peace, 
order,  and  good  government  of  such  territory:  Provided 
that  all  such  laws  shall  be  laid  before  both  Houses  of 
Parliament  within  seven  days  after  the  issue  of  the  proc- 
lamation or,  if  Parliament  be  not  then  sitting,  within  seven 
days  after  the  beginning  of  the  next  session,  and  shall  be 
effectual  unless  and  until  both  Houses  of  Parliament  shall 
by  resolutions  passed  in  the  same  session  request  the  Gov- 
ernor General  in  Council  to  repeal  the  same,  in  which  case 
they  shall  be  repealed  by  proclamation. 

2.  The  Prime  Minister  shall  be  charged  with  the  ad- 
ministration of  any  territory  thus  transferred,  and  he  shall 
be  advised  in  the  general  conduct  of  such  administration 
by  a  commission  consisting  of  not  fewer  than  three  mem- 
bers with  a  secretary,  to  be  appointed  by  the  Governor 
General  in  Council,  who  shall  take  the  instructions  of  the 
Prime  Minister  in  conducting  all  correspondence  relating 
to  the  territories,  and  shall  also  under  the  like  control 
have  custody  of  all  official  papers  relating  to  the  territories. 

3.  The  members  of  the  commission  shall  be  appointed 
by  the  Governor  General  in  Council,  and  shall  be  entitled 
to  hold  office  for  a  period  of  ten  years,  but  such  period 
may  be  extended  to  successive  further  terms  of  five  years. 
They  shall  each  be  entitled  to  a  fixed  annual  salary,  which 
shall  not  be  reduced  during  the  continuance  of  their  term 
of  office,  and  they  shall  not  be  removed  from  office  except 
upon  addresses  from  both  Houses  of  Parliament  passed 
in  the  same  session  praying  for  such  removal.     They  shall 


302      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

not  be  qualified  to  become,  or  to  be,  members  of  either 
House  of  Parliament.  One  of  the  members  of  the  com- 
mission shall  be  appointed  by  the  Governor  General  in 
Council  as  vice-chairman  thereof.  In  case  of  the  absence, 
illness,  or  other  incapacity  of  any  member  of  the  commis- 
sion, the  Governor  General  in  Council  may  appoint  some 
other  fit  and  proper  person  to  act  during  such  absence, 
illness,  or  other  incapacity. 

4.  It  shall  be  the  duty  of  the  members  of  the  com- 
mission to  advise  the  Prime  Minister  upon  all  matters 
relating  to  the  general  conduct  of  the  administration  of, 
or  the  legislation  for,  the  said  territories.  The  Prime  Min- 
ister, or  another  minister  of  State  nominated  by  the  Prime 
Minister  to  be  his  deputy  for  a  fixed  period,  or,  failing 
such  nomination,  the  vice-chairman,  shall  preside  at  all 
meetings  of  the  commission,  and  in  case  of  an  equality 
of  votes  shall  have  a  casting  vote.  Two  members  of  the 
commission  shall  form  a  quorum.  In  case  the  commission 
shall  consist  of  four  or  more  members,  three  of  them  shall 
form  a  quorum. 

5.  Any  member  of  the  commission  who  dissents  from 
the  decision  of  a  majority  shall  be  entitled  to  have  the 
reasons  for  his  dissent  recorded  in  the  minutes  of  the  com- 
mission. 

6.  The  members  of  the  commission  shall  have  access 
to  all  official  papers  concerning  the  territories,  and  they 
may  deliberate  on  any  matter  relating  thereto  and  tender 
their  advice  thereon  to  the  Prime  Minister. 

7.  Before  coming  to  a  decision  on  any  matter  relating 
either  to  the  administration,  other  than  routine,  of  the 
territories  or  to  legislation  therefor,  the  Prime  Minister 
shall  cause  the  papers  relating  to  such  matter  to  be  de- 
posited  with   the   secretary   to   the   commission,   and   shall 


SOUTH  AFRICA  -  303 

convene  a  meeting  of  the  commission  for  the  purpose  of 
obtaining  its  opinion  on  such  matter. 

8.  Where  it  appears  to  the  Prime  Minister  that  the 
despatch  of  any  communication  or  the  making  of  any 
order  is  urgently  required,  the  communication  may  be  sent 
or  order  made,  although  it  has  not  been  submitted  to  a 
meeting  of  the  commission  or  deposited  for  the  perusal  of 
the  members  thereof.  In  any  such  case  the  Prime  Min- 
ister shall  record  the  reasons  for  sending  the  communica- 
tion or  making  the  order  and  give  notice  thereof  to  every 
member. 

9.  If  the  Prime  Minister  does  not  accept  a  recom- 
mendation of  the  commission  or  proposes  to  take  some 
action  contrary  to  their  advice,  he  shall  state  his  views 
to  the  commission,  who  shall  be  at  liberty  to  place  on 
record  the  reasons  in  support  of  their  recommendation  or 
advice.  This  record  shall  be  laid  by  the  Prime  Minister 
before  the  Governor  General  in  Council,  whose  decision  in 
the  matter  shall  be  final. 

10.  When  the  recommendations  of  the  commission  have 
not  been  accepted  by  the  Governor  General  in  Council,  or 
action  not  in  accordance  with  their  advice  has  been  taken 
by  the  Governor  General  in  Council,  the  Prime  Minister, 
if  thereto  requested  by  the  commission,  shall  lay  the 
record  of  their  dissent  from  the  decision  or  action  taken 
and  of  the  reasons  therefor  before  both  Houses  of  Parlia- 
ment, unless  in  any  case  the  Governor  General  in  Council 
shall  transmit  to  the  commission  a  minute  recording  his 
opinion  that  the  publication  of  such  record  and  reasons 
would  be  gravely  detrimental  to  the  public  interest. 

11.  The  Governor  General  in  Council  shall  appoint  a 
resident  commissioner  for  each  territory,  who  shall,  in 
addition  to  such  other  duties  as  shall  be  imposed  on  him, 


304     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

prepare  the  annual  estimates  of  revenue  and  expenditure 
for  such  territory,  and  forward  the  same  to  the  secretary 
of  the  commission  for  the  consideration  of  the  commission 
and  of  the  Prime  Minister.  A  proclamation  shall  be  issued 
by  the  Governor  General  in  Council,  giving  to  the  pro- 
visions for  revenue  and  expenditure  made  in  the  estimates 
as  finally  approved  by  the  Governor  General  in  Council 
the  force  of  law. 

12.  There  shall  be  paid  into  the  Treasury  of  the  Union 
all  duties  of  customs  levied  on  dutiable  articles  imported  in- 
to and  consumed  in  the  territories,  and  there  shall  be  paid 
out  of  the  Treasury  annually  toward  the  cost  of  administra- 
tion of  each  territory  a  sum  in  respect  of  such  duties  which 
shall  bear  to  the  total  customs  revenue  of  the  Union  in 
respect  of  each  financial  year  the  same  proportion  as  the 
average  amount  of  the  customs  revenue  of  such  territory 
for  the  three  completed  financial  years  last  preceding  the 
taking  effect  of  this  Act  bore  to  the  average  amount  of  the 
whole  customs  revenue  for  all  the  Colonies  and  territories 
included  in  the  Union  received  during  the  same  period. 

13.  If  the  revenue  of  any  territory  for  any  financial 
year  shall  be  insufficient  to  meet  the  expenditure  thereof, 
any  amount  required  to  make  good  the  deficiency  may, 
with  the  approval  of  the  Governor  General  in  Council,  and 
on  such  terms  and  conditions  and  in  such  manner  as  with 
the  like  approval  may  be  directed  or  prescribed,  be  ad- 
vanced from  the  funds  of  any  other  territory.  In  default 
of  any  such  arrangement,  the  amount  required  to  make 
good  any  such  deficiency  shall  be  advanced  by  the  Govern- 
ment of  the  Union.  In  case  there  shall  be  a  surplus  for 
any  territory,  such  surplus  shall  in  the  first  instance  be 
devoted  to  the  repayment  of  any  sums  previously  ad- 
vanced by  any  other  territory  or  by  the  Union  Govern- 


SOUTH  AFRICA  305 

merit  to  make  good  any  deficiency  in  the  revenue  of  such 
territory. 

14.  It  shall  not  be  lawful  to  alienate  any  land  in 
Basutoland  or  any  land  forming  part  of  the  native  re- 
serves in  the  Bechuanaland  protectorate  and  Swaziland 
from  the  native  tribes  inhabiting  those  territories. 

15.  The  sale  of  intoxicating  liquor  to  natives  shall  be 
prohibited  in  the  territories,  and  no  provision  giving  fa- 
cilities for  introducing,  obtaining,  or  possessing  such  liquor 
in  any  part  of  the  territories  less  stringent  than  those 
existing  at  the  time  of  the  transfer  shall  be  allowed. 

16.  The  custom,  where  it  exists,  of  holding  pitsos  or 
other  recognised  forms  of  native  assembly  shall  be  main- 
tained in  the  territories. 

17.  No  differential  duties  or  imposts  on  the  produce  of 
the  territories  shall  be  levied.  The  laws  of  the  Union  re- 
lating to  customs  and  excise  shall  be  made  to  apply  to  the 
territories. 

18.  There  shall  be  free  intercourse  for  the  inhabitants 
of  the  territories  with  the  rest  of  South  Africa  subject 
to  the  laws,  including  the  pass  laws,  of  the  Union. 

19.  Subject  to  the  provisions  of  this  schedule,  all  rev- 
enues derived  from  any  territory  shall  be  expended  for  and 
on  behalf  of  such  territory:  Provided  that  the  Governor 
General  in  Council  may  make  special  provision  for  the 
appropriation  of  a  portion  of  such  revenue  as  a  contribu- 
tion towards  the  cost  of  defence  and  other  services  per- 
formed by  the  Union  for  the  benefit  of  the  whole  of  South 
Africa,  so,  however,  that  that  contribution  shall  not  bear 
a  higher  proportion  to  the  total  costs  of  such  services  than 
that  which  the  amount  payable  under  paragraph  12  of  this 
schedule  from  the  Treasury  of  the  Union  towards  the 
cost  of  the  administration  of  the  territory  bears  to  the  total 


306     AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

customs  revenue  of  the  Union  on  the  average  of  the  three 
years  immediately  preceding  the  year  for  which  the  con- 
tribution is  made. 

20.  The  King  may  disallow  any  law  made  by  the  Gov- 
ernor General  in  Council  by  proclamation  for  any  terri- 
tory within  one  year  from  the  date  of  the  proclamation, 
and  such  disallowance  on  being  made  known  by  the  Gov- 
ernor General  by  proclamation  shall  annul  the  law  from 
the  day  when  the  disallowance  is  so  made  known. 

21.  The  members  of  the  commission  shall  be  entitled  to 
such  pensions  of  superannuation  allowances  as  the  Gov- 
ernor General  in  Council  shall  by  proclamation  provide, 
and  the  salaries  and  pensions  of  such  members  and  all 
other  expenses  of  the  commission  shall  be  borne  by  the 
territories  in  the  proportion  of  their  respective  revenues. 

22.  The  rights  as  existing  at  the  date  of  transfer  of 
officers  of  the  public  service  employed  in  any  territory 
shall  remain  in  force. 

23.  Where  any  appeal  may  by  law  be  made  to  the 
King  in  Council  from  any  court  of  the  territories,  such 
appeal  shall,  subject  to  the  provisions  of  this  Act,  be 
made  to  the  Appellate  Division  of  the  Supreme  Court  of 
South  Africa. 

24.  The  Commission  shall  prepare  an  annual  report 
on  the  territories,  which  shall,  when  approved  by  the 
Governor  General  in  Council,  be  laid  before  both  Houses 
of  Parliament. 

25.  All  bills  to  amend  or  alter  the  provisions  of  this 
Schedule  shall  be  reserved  for  the  significance  of  His 
Majesty's  pleasure. 


PART  VI 
THE  DOMINIONS 


HISTORICAL  RESUME 

By  the  British  Nationality  and  Status  of  Aliens  Act  of  1914  all  of  the  Do- 
minions were  affected  and  the  Dominions  were  recognized  eo  nomine  for  purposes 
of  future  legislation. 


BRITISH  NATIONALITY  AND  STATUS  OF 
ALIENS  ACT 

[4  &  5  George  V,  cap.  17] 

1914 

An  Act  to  consolidate  and  amend  the  Enactments  relating 
to  British  nationality  and  the  status  of  Aliens. 

Be  it  enacted  by  the  King's  most  excellent  Majesty,  by 
and  with  the  advice  and  consent  of  the  Lords  spiritual  and 
temporal,  and  Commons,  in  this  present  Parliament  assem- 
bled, and  by  the  authority  of  the  same,  as  follows: 

Part  I. — Natural-born  British  Subjects 

1. —  (1)  The  following  persons  shall  be  deemed  to  be 
natural-born  British  subjects,  namely: 


Part  II. — Naturalization  of  Aliens 

2. —  (1)  The  Secretary  of  State  may  grant  a  certificate 
of  naturalization  to  an  alien  who  makes  an  application  for 
the  purpose,  and  satisfies  the  Secretary  of  State — 

8. —  (1)  The  Govermnent  of  any  British  possession 
shall  have  the  same  power  to  grant  a  certificate  of  na- 
turalization as  the  Secretary  of  State  has  under  this  Act, 
and  the  provisions  of  this  Act  as  to  the  grant  and  revoca- 
tion of  such  a  certificate  shall  apply  accordingly,  with  the 
substitution  of  the  Government  of  the  possession  for  the 
Secretary   of    State,    and   the    possession    for   the   United 

309 


310      AUTONOMY  AND  FEDERATION  WITHIN  EMPIRE 

Kingdom,  and  also,  in  a  possession  where  any  language 
is  recognized  as  on  an  equality  with  the  English  language, 
with  the  substitution  of  the  English  language  or  that 
language  for  the  English  language: 

Provided  that  in  any  British  possession  other  than 
British  India  and  a  Dominion  specified  in  the  First 
schedule  to  this  Act,  the  powers  of  the  government  of  the 
possession  under  this  section  shall  be  exercised  by  the 
Governor  or  a  person  acting  under  his  authority,  but  shall 
be  subject  in  each  case  to  the  approval  of  the  Secretary 
of  State,  and  any  certificate  proposed  to  be  granted  shall 
be  submitted  to  him  for  his  approval. 

(2)  Any  certificate  of  naturalization  granted  under  this 
section  shall  have  the  same  effect  as  a  certificate  of  na- 
turalization granted  by  the  Secretary  of  State  under  this 
Act. 

9. —  (1)  This  part  of  this  Act  shall  not,  nor  shall  any 
certificate  of  naturalization  granted  thereunder,  have  effect 
within  any  of  the  Dominions  specified  in  the  first  schedule 
to  this  Act,  unless  the  Legislature  of  that  Dominion  adopts 
this  part  of  this  Act. 

(2)  Where  the  Legislature  of  any  such  Dominion  has 
adopted  this  part  of  this  Act,  the  Government  of  the 
Dominion  shall  have  the  like  powers  to  make  regulations 
with  respect  to  certificates  of  naturalization  and  to  oaths 
of  allegiance  as  are  conferred  by  this  Act  on  the  Secretary 
of  State. 

(3)  The  Legislature  of  any  such  Dominion  which 
adopts  this  part  of  this  Act  may  provide  how  and  by 
what  Department  of  the  Government  the  powers  conferred 
by  this  part  of  this  Act  on  the  Government  of  a  British 
possession  are  to  be  exercised. 

(4)  The  Legislature  of  any  such  Dominion  may  at  any 


THE  DOMINIONS  311 

time  rescind  the  adoption  of  this  part  of  this  Act,  pro- 
vided that  no  such  rescission  shall  prejudicially  affect  any- 
legal  rights  existing  at  the  time  of  such  rescission. 


SCHEDULES 

First  Schedule. — List  of  Dominions 

The  Dominion  of  Canada. 

The  Commonwealth  of  Australia  (including  for  the  pur- 
poses of  this  Act  the  territory  of  Papua  and  Norfolk 
Island) . 

The  Dominion  of  New  Zealand. 

The  Union  of  South  Africa. 

Newfoundland. 


INDEX 


INDEX 

[Abbreviations:   A.,  Commonwealth   of  Australia;    C,    Dominion    of    Canada; 
SA.,   Union   of   South   Africa;   N.,   Newfoundland;   NZ.,  New  Zealand.] 


Administrative  Power  (cp.  Execu- 
tive  Power)  : 

N.— Council   8,  15,  21,  25,  41 

Governor    38,  53 

NZ. — Governor    144 

Admission*    of   New   Members: 

A.— Anticipated    201 

New  states  formed  from 
division  or  amal- 
gamation   of    old 

states    238 

Power  to  fix  conditions 
given  to  the  par- 
liament       237 

C. — Power  of  crown   re    192 

Procedure   192 

Provinces  admitted    154 

note,  192-193 
N. — Special     rules     re     admis- 
sion to  Dominion.   192 
Prince  Edward  Island,  special 
rules  re  admission 
to   Dominion    ....   192 

SA.— Anticipated    250 

Power   of  crown   re    299 

Procedure   299 

Algoma,    special    rules    re    parlia- 
mentary  franchise 

163,   173 

Amendments  to  the  Constitution  : 
A. — Limitations    upon,   in   cer- 
tain cases    240 

Procedure     239 

Referendum,  use  of   239 

Senate  elections  amend- 
ment       241 

State  debts  amendment   . .   242 
C — Constitution     amended    by 

British  statutes    .   157, 
158,   192-198 
NZ. — Power  given  to  the  gen- 
eral   assembly  101-102 
Reserved     for     assent     of 

crown     102 

SA. — Amendments  affecting 
certain  subjects 
reserved  for  as- 
sent of  crown. 270,  306 


Limitation  upon,  in  cer- 
tain cases    300 

Power  given  to  the  par- 
liament       300 

Appeals  to  Crown  in  Council: 
A. — Appeals     from     state     su- 
preme courts  trans- 
ferred to  the  high 

court    224-225 

Appeals     from     the     high 

court  limited   ....   225 
SA. — Appeals   restricted    ..284-285 

Appointments,  Power  of: 

A. — Crown,  power  of  appoint- 
ment  of    governor 

general     202 

Governor  general,  power 
of  appointment 

delegation   of    222,  223 

general     222 

special   222,  224,  233 

Parliament,  power  to  redis- 
tribute  the   power 
of  appointment   . .   223 
C. — Governor     general,     power 

of  appointment    . .  155, 
156-157,   159,   160,   161, 
167,   169,   180-181,   186 
Lieutenant  governor,  power 

of  appointment  . .    170, 
188-189 
N. — Crown,  power  of  appoint- 
ment     7,  17-19 

Governor,     power     of     ap- 
pointment  ...8,  10-11, 
18,  28-29,  31 
Lieutenant  governor,  power 

of  appointment   .  .     39 
NZ. — Crown,  power  of  appoint- 
ment    of     legisla- 
tive council   74,88 

Governor,    power     of     ap- 
pointment 28,29,31,90 
SA. — Crown,  power  of  appoint- 
ment  of   governor 

general     251 

Governor     general,     power 
of   appointment 
delegation  of   253 

315 


316 


INDEX 


Appointments,    Power    of — Continued. 

general     253 

special.. 252,  254,  255,  271, 
283,  286,  290-291,  293 
Parliament,  power  to  redis- 
tribute the  power 
of  appointment  . .  253 
Provincial    executive    com- 
mittee,   power    of 
appointment     ....  276 

Appropriations  : 

A. — Bills     must     originate     in 

lower  house   218 

Legislation     necessary     in 

all  cases    227 

Power   restricted    218-219 

Recommendations  of  gov- 
ernor general  nec- 
essary as  prerequi- 
site     219 

C. — Commonwealth 

power  of  parliament  .   182 
bills  originate  in  lower 

house    166 

recommendations    nec- 
essary        166 

Provinces 

bills  originate  in  lower 

house    174-175 

recommendations    nec- 
essary     174-175 

N. — Recommendations  of  gov- 
ernor  necessary    .     50 
NZ. — Recommendations  of  gov- 
,  ernor  necessary  .95-96 

Recommendations  of  pro- 
vincial superin- 
tendent   necessary 

in  provinces   86 

SA. — Union 

bills  originate  in  lower 

house    268 

power  restricted  269 

power  of  upper  house 

restricted    269 

recommendations    nec- 
essary       269 

Provinces 

power      in      provincial 

council   278 

recommendations    nec- 
essary        278 

Assembly    (cp.  General  Assembly): 

N. — Composition     8 

Conflict  with  council    ...59,  61 

Elections  of  members    ..8,  20, 

21,  41-43 

Franchise    ...8,  21,  41,  46,  47 


Increase  in  size  prerequisite 
to  system  of  re- 
sponsible govern- 
ment, 53,  54,  57,  58,  67 

Oath  of  loyalty    8-9 

Obstruction  of  legislation 
pending  grant  of 
responsible  gov- 
ernment 56,  67,  60,  62 

Payment  of  members  under 
responsible  gov- 
ernment      54 

Power 

of    legislation    6 

of   supervision   of   ex- 
ecutive          25 

Prorogation  and  dissolu- 
tion by  gov- 
ernor    10,  43 

Records        submitted        to 

crown     27 

Rules  of  procedure  fixed 
in  part  by  con- 
stitution         43 


Assent  to  Legislation: 

A. — Assent  of  governor  gen- 
eral necessary  for 

legislation     221 

C. — Dominion 

assent  of  governor  gen- 
eral necessary   for 

legislation     166 

record  of  assents  of 
governor  general 
furnished  to  crown  166 
record  of  crown  assents 
to  reserved  bills 
kept  by  parlia- 
ment        167 

Provinces,  assent  of  lieu- 
tenant governor 
or  governor  nec- 
essary for  legisla- 
tion      174-175 

N. — Record  of  assents  of  gov- 
ernor furnished  to 

crown    9,  26-27 

NZ. — Assent  of  crown  neces- 
sary for  legisla- 
tion     on      certain 

subjects   100,  101- 

102,  150 
Provincial  legislation  sub- 
ject to  assents  of 
provincial  super- 
intendent or  gov- 
ernor     87-88 

SA. — Assent  of  crown  neces- 
sary to  certain 
legislation     270 


INDEX 


317 


Assent   to  Legislation — Continued. 
Assent    of    governor    gen- 
eral necessary  for 
legislation     270 

Attorneys  General  Appointed  for 
provinces  by  governor  general 
(SA)    296 


Audit: 

C. — Accounts    of    consolidated 

fund  audited   182 

NZ. — Power  of  audit  given  to 

general    assembly.     99 
Revenue      from      customs 

duties  audited   ...     99 

Australia,       Commonwealth       of 
(the  organization): 

Assumption  of  state  debts   . .  229, 
234,  242 

Collection  of  customs  duties 
transferred  to  Com- 
monwealth    223,  229 

Commerce   power   limited    233 

Conflicts     of    legislation     with 

states   202,  206,  235 

Cooperation  with  states  in 
detention  and  punish- 
ment of  offenders   . . .  237 

Customs  duties  receipts  shared 

with  states    230,  231 

Departments  transferred  from 
states      to      Common- 
wealth civil  service    . .  223, 
228-229 

Disputes    of   jurisdiction    with 

states     225 

Establishment    of    202 

Financial    assistance    to    states  232 

Free  trade  established  in  pros- 
pect     230-231 

Historical   r6sum4    200 

Immunity  and  incapacity  of 
taxation  as  regards 
the  states   236 

Naturalization  by  Common- 
wealth      212 

Payments  of  bounties  trans- 
ferred to  Common- 
wealth       229 

Pensions  and  allowances  of 
state  officials  taken 
over  by  Common- 
wealth      228 

Power 

of    altering    state    bound- 
aries       237 

of  reviewing  state  customs 

duties  receipts  232-233 


of  taking  over  state  prop- 
erty     228-229 

Protection  to  states  against  in- 
vasion or  riot 237 

Relation  to  crown   ...201,  204,  221 

Religious  requirements  pro- 
hibited     236 

State  legislation  and  powers  re 
customs  duties  and 
bounties  superseded 
in   part    230 

Suits     against     Commonwealth 

and  states    226 

Surrender  of  territory  by  states 

to   Commonwealth    . . .  235 

Boundaries: 

A. — Alteration  of  state  bound- 
aries by  parlia- 
ment    subject     to 

referendum     237 

C. — Provinces 

boundaries  outlined  154-155 
boundaries    subject    to 
alterations  by  par- 
liament under 
certain   limitations 

194-195 

N. — Boundaries  defined    5 

NZ. — Boundaries  outlined   ....   109 
Provincial     boundaries     to 
be    fixed    by    gov- 
ernor         79 

Quebec,    power    of    lieutenant 
governor      to      fix 
boundaries    of    lo- 
cal subdivisions  . .   191 
SA. — Application    of    Colonial 

Boundaries   Act    .  251 
Colonial     boundaries     de- 
fined as  provincial 

boundaries    251 

Provincial  boundaries  sub- 
ject to  alteration 
by  parliament  with 
consent  of  prov- 
inces       299 

Bounties: 

A. — Payment     transferred     to 

Commonwealth    .  .   229 
State   powers    and    legisla- 
tion  superseded    .   230 

Canada,  Dominion   of: 

Admission  of  new  members  192—193 
Concurrent     powers     with    the 

provinces     180 

Conflicts     of     law     with     the 

provinces     180 

Debts  of  provinces  assumed  in 

part  by  Dominion  182,  183 


318 


INDEX 


Canada,  Dominion  of — Continued. 
Executive    power,   organization 

155-157 
Financial  operations   regulated 

181-186 
Grants  in  aid  to  provinces   . . .   184 

Historical    risumi    152 

Intercolonial  railway  to  be  be- 
gun by  Dominion   .191-192 
International  action  limited  by 

imperial    treaties    188 

Judiciary,   organization   of  180-181 
Jurisdiction   of,  in   relation   to 

the    provinces    ....175-180 
Language  in  public  life  and  in 

law    188 

Legislative  power,  organization 

157-167 
Military  and  naval  powers  .  . .  157 
Naturalization      by      Dominion 

158-159 
not    subject    to   review   by 
Imperial     Govern- 
ment        310 

New  provinces   added ....  154  note, 
192-193 
Newfoundland,  special  rules  of 

admission    192 

Power 

of    eminent    domain,    lim- 
ited        184 

of  legislation,  scope    . .  175-177 
Prince  Edward  Island,  special 

rules  of  admission  192-193 

Provinces  established    .154-155 

Provincial  funds  transferred  to 

Dominion     182 

Provincial  property  transferred 

to   Dominion    182 

Seat  of  government  established 

at  Ottawa     157 

Subventions   to  provincial  civil 

lists     184 

Canada  (Old  Province)  : 

Divided   and   renamed   Ontario 

and  Quebec    154-155 

Executive    power    divided    be- 
tween    new     provinces 

168-169 
Provincial     debt     divided     be- 
tween    new     provinces  191 

Canterbury      Association,      rights 
protected   106-107 

Cape   of  Good   Hope: 

Franchise,  special  rules  for  259-260 
Justice,    special    rules    for    ad- 
ministration of   ...296-297 


Rules  of  appeal  adopted  for 
supreme  court  of 
South    Africa    285 

Standard    for    other    provinces 

in  certain  matters    . . .   268 

Census: 

C. — Census  of  population  pro- 
vided  for    155 

Revision      of      quotas      or 
representation    on 
basis  of  census  165-166 
SA. — Revision  of  electoral  dis- 
tricts  on  basis   of 

census    262 

Rules  for  increase  of  quotas 
on  basis  of  census 

258-259 

Church  and  Religion: 

A. — No   religious   requirements 

to  be  established.   236 
C. — Protection  for  religious  in- 
terests   in    schools 

178-179 
N. — Fostered  by  governor    ...     34 
Powers  of  governor  in  mat- 
ters of  church  and 
religion  11,33,  34,  36,  37 
Presentation     to     benefices 
by  crown  and  gov- 
ernor     34-35 

Religion  and  parties  re  re- 
sponsible govern- 
ment ...55-58,  60,  62, 
66,  67 
Wardens  as  prosecuting 
agents  in  the 
courts    36 

Civil  List: 

A.— Restriction  of  legislation  in 

regard  to  civil  list  204 
Salaries  included 

of  governor   general . .   204 
of  ministers  of  state..   222 
C. — Subventions    from    Domin- 
ion in  aid  of  pro- 
vincial civil  lists . .   184 
N. — Required     as    prerequisite 
to  responsible  gov- 
ernment          54 

NZ. — Composition    110 

Legislation  in  regard  to  the 

civil  list  restricted  100 
Required     as     prerequisite 
to  responsible  gov- 
ernment          99 

SA. — Salary  of  governor   gen- 
eral    included  251-252 


INDEX 


319 


Civil   Service: 

A. — Appointments  by  governor 

general    222 

Departments 

established      by      gov- 
ernor general    .  . .  222 
transferred  from  states 
to    Commonwealth 

223,   228-229 
Pensions     and     allowances 
transferred  to 

Commonwealth    in 

part    228 

N. — Crown  offices    29,  31 

Customs      officials'      privi- 
leges          30 

Power      of      governor      re 
appointments    and 
suspensions    ....  10-11, 
18,  28-29,  31 
Qualifications    of   members     19 
Relations   to  governor    ...     15 
Salaries    and    fees    to    be 

moderate     29 

Tenure     28 

NZ. — Provincial    civil    services 

reorganized     . .  145-147 
SA. — Union 

colonial  services  trans- 
ferred to  Union.  .  297 
commission  on  reor- 
ganization created  297 
indemnification  of  dis- 
placed office-hold- 
ers      297-298 

permanent  public  serv- 
ice commission  to 
be  appointed  ....  297 
recommendations  of 
public  service  com- 
mission re  reor- 
ganization to  be 
executed  by  gov- 
ernor       297 

Provinces 

appointment  of  mem- 
bers of  provin- 
cial civil  service 
by  provincial  ex- 
ecutive committee  276 
establishment  of  pro- 
vincial civil  ser- 
vice   by    governor 

general     276 

power  of  parliament  to 
regulate  provin- 
cial civil  service . .  276 

Colonial  Governor  (cp.  Governor 
General)  : 

SA. — Ordinance    power    trans- 


ferred to  provin- 
cial executive  com- 
mittee       275 

Powers  transferred  to  gov- 
ernor  general    . . .  253 

Colony    (cp.    Province,    State)  : 
A. — Executive   powers    of   col- 
onies     transferred 
to    Commonwealth  223 

Legislation  by  colonies 
prior  to  effective- 
ness of  federation  202 

Naturalization    by   colony.   212 

States,  colonies  made  over 
into  states  in  Com- 
monwealth       202 

N. — Condition  of  colony  to  be 
reported  by  gov- 
ernor    38,  40 

SA. — Boundaries  of  colonies 
redefined  as  prov- 
inces       251 

Civil  services  of  colonies 
transferred  to 
Union     297 

Debts  assumed  by  Union . .   290 

Financial  balances  trans- 
ferred    to     Union 

289, 292 

International  duties  and 
rights  assumed  by 
Union 299 

Local  divisions  of  supreme 
court  of  South 
Africa  established 
in  colonies    . .  .281-282 

Native     land     reservations 

provided   for    .298-299 

Natives,  management  of 
relations  with  na- 
tives transferred 
from  colonies  to 
Union     298-299 

Naturalization   by   colonies 

effective  in   Union  296 

Orange  River  Colony  re- 
stvled  Orange  Free 
State     251 

Ordinance  power  of  co- 
lonial governor 
transferred  to 

provincial  execu- 
tive  committees  . .  275 

Prior     colonial     legislation 

confirmed    295-296 

Property  and  property 
rights  of  colonies 
transferred  to 

Union     289-290 

Railway  treaty  among  col- 
onies to  be  executed  299 


320 


INDEX 


Colony — Continued. 

Restyled   provinces    251 

Styled  as  such   250 

Styled  singly  250 

Suits  pending  in  colonial 
courts   transferred 

to  Union  287 

Supreme  courts  of  col- 
onies made  over 
into  provincial  di- 
visions of  supreme 
court  of  South 
Africa    281 

Commerce,  Power  to  Regulate: 
A. — Interstate  commission,  cre- 
ated with  pow- 
ers to  be  fixed 
by  Commonwealth 
parliament  to  ad- 
minister laws  re- 
lating to  trade 
and  commerce  . .  233 
Parliament,  commerce 

power 
limited  as  regards  the 

states    233 

scope  of,  in  general..   233 
States,  power  to  enact  in- 
spection  laws    . . .  236 

Commission  for  Federal  Terri- 
tory created  to  govern  terri- 
tory surrendered  to  Union   (SA) 

301-304,  306 

Concurrent  Powers  of  federal 
and  local  governments    (C) 180 


Conflicts  of  Federal  and  Local 
Law: 

A. — Federal  law  supreme  over 
state  law  in  case 
of  conflict  202,206,235 

C. — Dominion  law  supreme 
over  provincial  law 
in  case  of  con- 
flict        180 

SA. — Union  law  supreme  over 
provincial  ordi- 
nances in  case  of 
conflict     278 


Consolidated   Fund    (cp.   Consoli- 
dated  Revenue   Fund)  : 

C. — Audit  of  accounts   182 

Charges  upon    182 


Established     181 

Power  of  parliament  over  182 
Provincial      taxation      and 
consolidated  funds 

185-186 

Consolidated  Revenue   Fund   (cp. 
Consolidated  Fund)  : 

A. — Charges  upon    227 

Composition  as  established  227 
Payments      from,      appro- 
priations       neces- 
sary  for    227 

SA.— Charges  upon   288 

Composition  as  established  288 
Power    of    governor    gen- 
eral over  the  fund  288 

Constitution  : 

A. — Amendments 

limitations  upon   240 

procedure  for   239-240 

senate  elections  amend- 
ment       241 

state  debts  amendment  242 
Controls      state     constitu- 
tions   and    legisla- 
tion      234-235 

Elections  regulated  in  con- 
stitution 
elections  for  house  of 

representatives    . .   211 
elections  for  senate   . .  205 
Interstate     commission     to 
enforce    provisions 
re  trade  and  com- 
merce     233 

Omnibus     legislation     for- 
bidden     219 

Powers   fixed  by  constitu- 
tion 
of  governor  general   .   204 
of  state  parliaments..  235 
Quorum    fixed    by    consti- 
tution 
house    of    representa- 
tives     212 

senate    208 

Riders  on  finance  bills  for- 
bidden     219 

Rules  of  procedure  fixed  by 
constitution 
house    of    representa- 
tives     212 

senate    209 

Supremacy  of  federal  con- 
stitution over  state 
constitutions  and 
legislation  in  case 

of  conflict    202 

Synopsis     of     constitution 


INDEX 


321 


Constitution — Continued. 

contained    in    sta- 
tute      203 

C. — Accordance    with    the    law 

of  England...  153,  157 
Amended    ...157,   158,  192-198 
Quorum    fixed    by    consti- 
tution 
house    of    commons...  164 

senate    161 

Rules    of    procedure    fixed 
by   constitution 
house   of  commons    . .   164 

senate     161 

N. — Electoral     districts     fixed 

by    constitution    40-41 
NZ. — Amendments  reserved  for 
assent     of     crown 

100-102 
Crown  bound  by  constitu- 
tion  as    granted..   113 
House    of    representatives, 
term  fixed  by  con- 
stitution          91 

Legislative  council 

quorum  fixed   90 

rules      of      procedure 

fixed    ..90,   94-97,   101 
Provincial  council,  quorum 

fixed      85 

Ontario  and  Quebec,  term 
of  legislative  as- 
sembly    fixed     by 

constitution    173 

Quebec,  rules  of  procedure 
of  legislative  coun- 
cil fixed  by  con- 
stitution        171 

SA. — Amendments 

re      federal     territory 

restricted    306 

power     of    parliament 

to   pass    300 

reserved  for  assent  of 
crown,  certain 

topics     270 

Principle    of    a    legislative 

union    250 

Provincial    seats    of    gov- 
ernment fixed    . . .  280 
Quorum  fixed  by  constitu- 
tion 
house  of  assembly   . . .  265 

senate     257 

supreme  court  of  South 

Africa      285-286 

Rules    of    procedure    fixed 
by  constitution 
house  of  assembly   . . .   265 

parliament    268 

senate     257 


Salary  of  governor  gen- 
eral fixed  and  leg- 
islation restricted 
re  the  same   252 

Synopsis  of  constitution 
contained  in  sta- 
tute      245-249 

Controller  and  Auditor  General: 
SA. — Appointment  by  governor 

general     293 

Powers     294 

Removal      293-294 

Tenure     293 

Council   (cp.   Executive  Council)  : 
N. — Appointment  and  removal 
of      members      by 
crown     and     gov- 
ernor     7,    17-19 

Conflict  with  assembly.  .59,  61 
Crown,  power  to   disallow 

acts  10,  95,  97 

Freedom     of    debate    and 

vote    18 

Governor 

power  re  composition. 7, 19 
powers  re  meetings   . .     17 

relations  to   18,  38,  53 

Oath  of  loyalty   7 

Powers 

of   administration    ..8,   15, 
21,   25,   41 
of  legislation  6, 10-11,  28,  37 
President,  as  governor  16,  38-39 
Qualifications      of      mem- 
bers      7,  18 

Quorum  fixed  by  consti- 
tution     7,  17 

Reorganization      prerequi- 
site to  responsible 
government  54,  68,  69 
SA. — Advise  governor  general  re 
appointments 

general     253 

special   254,  255, 

271,  279,  283,  286, 
290,  293,  296,  297 
executive  acts  252,  274,  280, 
281,  288-289,  295, 
297,    298-299,    300 

Courts  : 

C. — Appointments  of  judges  in 
provinces  by  gov- 
ernor   general  180-181 
General    court    of    appeal 

to  be  established.  181 
Languages      available      in 

courts     188 


322 


INDEX 


Cotjets — Continued. 

Salaries  regulated  by  par- 
liament       181 

Tenure  of  judges 181 

N. — Church  wardens  as  prose- 
cuting  agents    ...     36 

Jurisdiction  over  members 

of  royal  navy   ...     14 

Organization ;  supreme 

court    28-29 

Records        submitted       to 

crown     30 

Writs  in  name  of  crown..     28 

Ceown: 

A. — Appeals 

from     state     supreme 
courts   transferred 
to   high   court  224-225 
from    the    high    court 

restricted    225 

Executive  power  resides  in 

crown     221 

Governor  general 

exercises    crown's    ex- 
ecutive power    . . .  221 
powers  fixed  by  crown 

under  constitution  204 
represents     crown     in 

Commonwealth    . .  204 
substitute     established 
at      pleasure      of 

crown    204,  238 

Legislation     may     be     re- 
served   for    crown 

assent     221 

Power 

to     appoint     governor 

general     202 

to  disallow  legislation.  221 
Relations 

to  Commonwealth  as  a 

whole  ...201,  204,  221 

to  parliament    203-204 

C. — Executive     power     resides 

in  crown   155 

Legislation 

record  of  assents  of 
governor  general 
to  be  furnished  to 

crown     166 

reservation  of  bills  for 

crown  assent   ....   166 
Powers 

to  admit  new  prov- 
inces        192 

to   disallow   legislation  166 
to     instruct     governor 
general  re  legisla- 
tion        166 

military      and      naval 

powers     157 


N. — Assembly,  record  submit- 
ted to  crown 27 

Civil    offices    in    name    of 

crown    29,  31 

Court     records     submitted 

to  crown   30 

Legislation 

prior  consent  of  crown 
necessary  in  cer- 
tain cases   21-23 

record  of  adopted  leg- 
islation    furnished     27 
record    of     governor's 
assents     furnished 

to  crown    9,  26-27 

Military   organization    rec- 
ords furnished    . .     37 
Powers 

to  appoint  and  remove 
members  of  coun- 
cil     7,   17-19 

to     disallow     acts     of 

council    10,  95,   97 

of  legislation  10 

to     present     to     Dene- 

fices    34-35 

Writs    issued    in    name    of 

crown     28 

NZ. — Amendments  to  constitu- 
tion reserved  for 
assent     of     crown 

100,   101-102 
Constitution  binds  crown . .   113 
Legislation  on  certain  sub- 
jects reserved  for 
assent     of    crown 

102,  150 
Natives  under  crown's  care 

103-104,   132-133 
Officials    to   audit   customs 

duties  revenue    . .     99 
Powers 

to    appoint    legislative 

council    74,  88 

to  delegate  powers  to 

governor    109 

to  disallow  acts  of 
legislative  council 
(1840)  and  gen- 
eral    assembly 

(1852)     95,  97 

to     instruct     governor 

re  legislation   97 

to    instruct    legislative 

council     74-75 

to     remove     provincial 

superintendents     .     80 
SA. — Governor  general 

exercises     powers     of 

crown     251 

represents  crown  in 
person    251 


INDEX 


323 


Obown — Contxwued. 

tenure  at  pleasure  of 

crown     251 

Legislation     reserved     for 

assent  of  crown  . .  270 
Powers 

to  admit  new  members  299 
to     appoint     governor 

general     251 

to  disallow  legislation 

270-271 
to     instruct     governor 
general  re  legisla- 
tion      270 

Relation 

to     executive     govern- 
ment      251 

to  federation 249 

to  parliament:  part  of  253 

Crown  Officials: 

N.— Established  29,  31 

NZ. — Audit      customs      duties 

revenue    99 

Currency  : 

A. — Legislation     re     currency 

restricted    236 

N. — Legislation  re  currency- 
restricted    26 

Debts: 

A. — State    debts    assumed    by 
Commonwealth 

229,  234,  242 
C. — Provinces    liable    for    por- 
tions of  debts   ...  183 
Provincial    debts    assumed 
in  part  by  Domin- 
ion   182,  183 

SA. — Colonial    debts     assumed 

by  the  Union   ...  290 

Delegation  of  Power: 

A. — Appointing  power  of  gov- 
ernor general  dele- 
gated    222-223 

NZ. — Governor  exercises  dele- 
gated powers  of 
crown     109 

SA. — Appointing  power  of 
governor     general 

delegated    ...  253 

Governor  general  exercises 
delegated  powers 
of  crown  251 

Demand  for  Responsible,  or  Fed- 
eral Systems  of  Government: 

A. — Demand  for  federation   . .  201 


C. — Demand  for  federation  . .  153 
N. — Demand     for     responsible 

government  . . .  .52-^54 
NZ. — Demand    for    responsible 

government     122 

SA. — Demand  for  federation . .  249 

Departments: 

A. — Established     by     governor 

general     222 

Heads  appointed  by  gov- 
ernor general    . . .  222 

Transferred  from  state  civil 
service     to     Com- 
monwealth 223,228-229 
SA. — Established    by   governor 

general     252 

Heads  appointed  by  gov- 
ernor general    . . .   252 

Ministers  of  state,  title 
accorded  depart- 
ment heads    252 

Deputy  Governors  General,  ap- 
pointed    by      governor      general 

(C)     156-157 

Disallowance  of  Legislation: 

A. — Crown,  power  to  disallow 
legislation  by  par- 
liament     221 

C. — Crown,  power  to  disallow 
legislation  by  par- 
liament      166 

Provincial  legislation  sub- 
j  ect  to  disallow- 
ance     174-175 

N. — Crown,  power  to  disallow 
acts      of      council 

10,  95,  97 

NZ. — Crown,  power  to  disallow 
acts  of  legislative 
council  (1840)  and 
general  assembly 
(1852)     95,  97 

SA. — Crown,  power  to  disal- 
low legislation  ap- 
proved by  ;  gov- 
ernor     270-271 

District  Boards,  educational 
property  in  provinces  trans- 
ferred  (NZ)    146 


Dominions,  historical  risumi 


308 


Duties: 

A. — Collection  of  customs  du- 
ties transferred  to 
Commonwealth  223, 229 


324 


INDEX 


Duties — Continued. 

Legislation  re  customs  du- 
ties    restricted  215,229 
States 

legislation  and  powers 

superseded  in  part  230 
receipts  from  customs 
duties  subject  to 
audit  by  Com- 
monwealth ...232-233 
shares  in  Common- 
wealth        customs 

revenue    230,  231 

Western  Australia  given 
special  considera- 
tion      231-232 

C. — Provincial  customs  legisla- 
tion     revised      by 

parliament    185 

N. — Customs     officials'     privi- 
leges          30 

NZ. — Customs  revenues  audited 

by   crown   officials     99 

Elections: 

A. — Parliament 

conflicts  between  house 
and  senate  fol- 
lowed by  new 
elections    219-221 

disputed  elections  set- 
tled by  the  respec- 
tive houses. .. .214-215 
Rep  resentati  ves 

elections  to  be  called 
within  ten  days  of 
expiry  or  dissolu- 
tion       211 

governor  general  is- 
sues calls  for  elec- 
tions       211 

regulations  for  elec- 
tions fixed  in  part 
by  constitution    . .  211 

single  voting  only    ...  211 
Senate 

elections  within  ten 
davs  of  dissolu- 
tion       206 

procedure  to  be  uni- 
form in  all  states  206 

regulations,  fixed  in 
part  by  constitu- 
tion        205 

subject    to    legislation 

by  parliament  205,  206 

results  certified  by 
state  governor  to 
governor      general 

205,   207-208 

single  voting  only   . . .  205 


vacancies,      filled      by 
elections    for    un- 
expired terms   .  . .  207 
preceded      by     elec- 
tions to  fill  places  207 
States 

governors  call  elections 

for    senators    ....  206 

parliaments  regulate 
elections,  of  rep- 
resentatives      210 

of  senators   206 

C. — Elections  in  hands  of  pro- 
vincial legislatures 
and  administra- 
tions      163-164 

N. — Assembly 

disputed  elections 
heard  by  gov- 
ernor         42 

electoral  districts  fixed 

by     constitution  40-41 

expenses  put  upon 
candidates  under 
responsible  gov- 
ernment          54 

place  and  time  fixed 
by  governor  . . . .41-42 

regulations     fixed     by 

governor  8, 20, 21, 41, 43 

simultaneous    50 

votes     by     writing    in 

absentia    42 

NZ. — Governor,  powers  re 
elections 

provincial  councils  80, 82, 83 

provincial  superin- 
tendents    79,  80 

representatives 91,  92 

Provincial  councils,  powers 
of  general  assem- 
bly re  elections...  102 
Representatives,       election 

rules   91,  92,  101 

Ontario  and  Quebec,  election 
rules  for  legisla- 
tive assembly  ....  173 
Queensland,  special  rules 
re  senatorial  elec- 
tions       205 

SA. — Governor  general 

to  fix  day  for  all 
elections    261 

to  frame  rules  for 
elections  by  pro- 
portional repre- 
sentation        295 

Provinces 

election  laws  adopted 
for  elections  of 
federal  house  of 
assembly     260-261 


INDEX 


325 


Elections — Continued. 

rules      lor      provincial 

council   elections..  273 
Senatorial    elections    regu- 
lated  by   governor 
general     256 

Executive    Council    (cp.    Council)  : 
C. — Relations      of      lieutenant 
governor     to     the 
executive      council 
in  the  provinces..   169 
New     Brunswick     and     Nova 
Scotia,       composi- 
tion unaltered   . . .   168 
NZ. — Existence  and  action  prior 

to  1854  ..14  et  passim 
Reconstruction      as      pre- 
requisite     to      re- 
sponsible    govern- 
ment  125,127-129,130, 
131,   133,   137,   140-141 
Ontario      and     Quebec,     com- 
position,       special 

rules     168 

SA. — Appointment  of  members 
by  governor  gen- 
eral       252 

Established     252 

Members   are   ministers   of 

state     252 

Oath  of  office  before  gov- 
ernor general  . . .  252 
Power  to  advise  governor 
general  re  ap- 
pointments and 
certain      executive 

acts     253 

Principle  of  252 

Executive   Government: 

A. — Appointing  power  subject 
to  redistribution 
by  the  parliament  222 

Executive  powers  of  col- 
onies transferred 
to  the  federal  ex- 
ecutive govern- 
ment       223 

Scope  of  authority  of  the 
federal  executive 
government    221 

Executive    Power    (cp.    Adminis- 
trative Power)  : 

A. — Crown  retains     221 

Exercised  by  governor  gen- 
eral       221 

C. — Crowft  retains    155 

Executive  powers  of  for- 
mer province  of 
Canada        divided 


between  Ontario 
and  Quebec  ..168-169 
Surviving  powers  of  pro- 
vincial executives 
transferred  to  fed- 
eral executive    . . .   156 

Expenditure  : 

N. — Duties  of  governor  re  ex- 
penditures 25, 30, 32-33 
Powers  of  governor  re  ex- 
penditures    10,  15 

Warrant  of  governor  nec- 
essary         15 

NZ. — Lands,    expenditures     on 

account  of  99,  105-106 
Warrant  of  governor  nec- 
essary         96 

Warrants  of  provincial  su- 
perintendents nec- 
essary         86 

Federal   District,   provision   for   a 
(A)     238 

Federal    Executive    Council    (cp. 
Privy  Council  in   Canada)  : 
A. — Appointment    of   members 
by    governor    gen- 
eral      222 

Composition  of  222 

Established     222 

Oath    of    members    before 

governor  general.  222 
Power  to  advise  governor 
general  re  ap- 
pointments and 
certain  executive 
acts  211,  222,  224,  233 
Style  of  "  governor  gen- 
eral in  council  " . .  222 

Term  of  members   222 

Title  of  members  as  "  min- 
isters of  state"..  222 

Federal  Judicature: 

A. — Appointment  and  removal 
by  governor  gen- 
eral       224 

Composition    218,223 

Jurisdiction  subject  to 
regulation  by  par- 
liament     218,    226 

Organization  subject  to 
regulation  by  par- 
liament    223,  224 

Salaries  fixed  by  parlia- 
ment    218,  224 

Trial  by  jury  in  state 
where  offense  oc- 
curred     226-227 


326 


INDEX 


Federal  Territory: 

A. — Power    of    parliament    re 

federal    territory.  237 
C. — Representation    of    extra- 
provincial  territory 
in  parliament  pro- 
vided for    197 

SA. — Amendments  to  consti- 
tution re  federal 
territory  restric- 
ted      306 

Appeals  to  supreme  court 

of  South  Africa..  306 

Commission   301-304,  306 

Finance    304,  305-306 

Government    provided    for 

300-306 
Governor    general,    power 
re    federal    terri- 
tory     800 

Intoxicating  liquor  and  the 

natives 305 

Natives'    lands    305 

Prime    minister     and    the 
government  of  the 

territory   301-304 

Resident  commissioner    . .  303 


Federation  : 

A. — Consent  of  Imperial  Gov- 
ernment      201 

Demand   for •  201 

Indemnification  of  dis- 
placed office-hold- 
ers as  a  prere- 
quisite     .227-228 

Legislation  by  provinces 
prior  to  effective- 
ness of  constitu- 
tion  202 

Special  considerations  for 
Western  Austra- 
lia     201-202,  210 

C. — Consent  of  Imperial  Gov- 
ernment      202 

Demand  for    153 

Granted    153 

Intercolonial  railway  as  a 

prerequisite    191 

SA.— Demand  for   249 

Nature  of    249 

Relation  to   crown    249 


Finance: 

A. — Assistance  to  states  by 
federal  govern- 
ment       232 

C. — Provisions    in    constitution 

181-186 


SA. — Union 

commission    on    finan- 
cial relations  with 
the  provinces  ....  288 
consolidated       revenue 
fund,      charges 

against    288 

composition    288 

created    288 

governor         general, 

power  over  ....  288 
controller  and  auditor 
general  to  inspect 
accounts  of  rail- 
way and  port  op- 
erations    293 

federal  territory  fi- 
nances ...304,  305-306 
indemnification  of  cer- 
tain cities  for 
losses  due  to  re- 
moval of  seats  of 
government  ..294-295 
railway  and  harbor 
funds,  composi- 
tion and  purposes  288 

created    287-288 

Provinces 

colonial  balances  trans- 
ferred to  Union  289-292 
estimates  of  expendi- 
tures of  provin- 
cial executive  com- 
mittees approved 
by  governor  gen- 
eral      288-289 

funds  paid  to  prov- 
inces for  education  288 
provincial  auditor  to 
audit  provincial 
accounts  subject 
to  governor  gen- 
eral      280 

warrant  of  provincial 
auditor  necessary 
for    expenditures.  280 

Franchise  : 

A. — Parliament     213 

Representatives    210-211 

Senators    205 

States,    constitutional    ref- 
erenda     239-240 

Algoma,  special  rules 163,  173 

N.— Assembly   ...  .8,  21,  41,  46,  47 
NZ. — House  of  representatives    92 

Provincial   councils    81-82 

Ontario    and    Quebec,    legisla- 
tive assembly  ....  173 
SA. — House  of  assembly 

Cape   of   Good    Hope, 

special    rules.  .259-260 


INDEX 


327 


Franchise — Continued. 

imperial  troops  dis- 
qualified       260 

provincial  franchise 
adopted  as  stand- 
ard     260 

race  and  color,  special 

rules     ....259-260 

subject    to    regulation 

by  parliament  259-260 
Provin""d   councils    272 

Fbee  Trade: 

A. — Established  in  prospect  230-231 
C. — Free    trade    among    prov- 
inces        185 

SA. — Free  trade  established, 
subject  to  regula- 
tion by  parlia- 
ment      296 

Freedom  of  Debate  in  Legislature: 

N.— Council    18 

SA.— Parliament     274 


General  Assembly    (cp.  Assembly)  : 
NZ. — Appropriations         only 
upon      recommen- 
dation     by      gov- 
ernor     95-96 

Composition     88 

Crown,   power   to   disallow 

acts   95,  97 

Power 

to  audit  accounts  ....     99 
to   amend   constitution  102 

of  legislation    95,  101 

re  natives'  lands..  132,  133 
re     provincial    bound- 
aries        102 

re    provincial    councils 

and  elections   102 

re  provincial  surpluses  102 
to    reconstruct    repre- 
sentative   system.  101 
to    review    land    sales 

accounts    99 

to  sell  public  lands  99,  103 
Relation       to       provincial 

councils     95 

Reserved    bills,    when    ef- 
fective          98 

Reserved   bills,   when   void    98 

Governor  (cp.  Colonial  Govebnob, 
Govebnob    Genebal)  : 

N. — Commissioned    5,   16 

Council,    president    of,    as 

governor    ...16,  38-39 


Duty,  to  report  on  condi- 
tions of  colonies  38,  40 
re  revenues  and  ex- 
penditures 25, 30, 32-33 
Lieutenant  governor  acts 
in  absence  of  gov- 
ernor    7,   16,   18 

Oath     of     loyalty     before 

council   6-7 

Position  re  responsible  gov- 
ernment. .59-60,  63,  65 
Power 

of  administration. .  .38,  53 
re    assembly,    elections 

8,  20,  21,  41,  43 
prorogation  and  dis- 
solution     10,   43 

re      church      and      re- 
ligion 11,  33,  34,  36,  37 
re     civil     service,     ap- 
pointments,   oaths, 
suspension     ....  10-11, 
18,   28-29,  31 
re     council,     composi- 
tion    7,  19 

meetings    17 

over      education      and 

schools     36 

as  head  of  colony  and 

keeper  of  seal..  10,  15 
over  judicial  system..     28 

re  legislation 10,  36-37 

re  military   and   naval 

affairs   ..11-13,  32,  38 

of  pardon   11,  31 

re    public    lands,    sale 

of   15,  31,  32 

Recommendation  necessary 

for  appropriations     50 
Record    of    administrative 
acts  reviewable  by 

assembly     25 

Relation 

to  civil  service   15 

to  council   18,  38,  53 

to  other  colonies 38 

Suggests  alternatives  to  re- 
sponsible govern- 
ment          57 

Tenure     20 

Warrant  necessary  for  ex- 
penditures          15 

NZ. — Crown  has  power  to  in- 
struct re  legislation    97 
Crown's     executive     power 
exercised   by    gov- 
ernor       109 

Duty  re  legislation  of 
general  assem- 
bly    97-98,  109-110 

Fosters  responsible  gov- 
ernment       125 


328 


INDEX 


Governor — Continued. 

Lieutenant    governor    acts 

as    substitute . .  109-123 
Powers 

of  administration     144 

of  appointment  28, 29, 31,  90 
re  house  of  represen- 
tatives 
actions  of .  .92,96,126-127 

opposition     90-91 

elections . .  91-92,  126-127 
prorogation  or  disso- 
lution 92, 126-127, 130 

of  legislation  96 

re  provincial  bound- 
aries          79 

re  provincial  councils 

elections 80,  82,  83 

actions    83,  87-88 

composition    79-80 

re  provincial  superin- 
tendent, elections  79-80 

to  instruct    88 

Recommendations  neces- 
sary for  appro- 
priations      95-96 

Warrant  necessary  for  ex- 
penditures          96 

Governor  General    (cp.  Colonial 
Governor,  Governor)  : 

A. — Appointed  by  crown    202 

Exercises  crown's  execu- 
tive power    221 

Powers 

of  appointment,  dele- 
gation of    222-223 

general    222 

special 222,  224,  233 

to    establish    executive 

departments     ....  222 
fixed   by   crown   under 

constitution    204 

re  house  of  represen- 
tatives, dissolu- 
tion     204,  210,  220 

elections    211 

re  legislation    221 

military      and      naval 

power     223 

re  parliament,  meet- 
ings        204 

prorogation    204 

re  senate,  dissolution.  220 
Relation  to  federal  execu- 
tive council,  re  its 
appointments  and 
actions  211, 222,224,233 
Represents  crown  in  Com- 
monwealth       204 

Salary  guaranteed  as  pre- 
requisite     to      re- 


sponsible    govern- 
ment       204 

Style    of    "  governor    gen- 
eral in  council " . .  222 
Substitute    at    pleasure    of 

crown    204,  238 

C. — Crown    may    instruct    gov- 
ernor   general    re 

legislation     166 

Powers 

of   appointment    155,    156- 
157,       158-159,        161, 
167,        169,        180-181 
re  house  of  commons 

dissolution    165 

meetings    161 

re  legislation 

assent  necessary  . . .   166 
record      of     assents 

furnished   crown  166 
reservation    of    bills 

for  crown   166 

to  take  oaths  of  loyalty 

155,   168,   186-187 
Relation    to    privy    council 

in   Canada    156 

Salary    182 

SA. — Appointed  by  crown    . . .  251 
Colonial    governor,   powers 
transferred  to 

governor    general.  253 
Crown,    power   to    instruct  270 
Duty  to  reserve  legislation 
on      certain      sub- 
jects    for     assent 

of  crown   270 

Exercises  delegated  powers 

of  crown   251 

Powers 

of  administration    253, 

254,  274,  280,  281,  297 
of    appointment,    gen- 
eral, including  re- 
movals     253 

special    ..252,    254,    255, 

271,    279,    283,    286, 

293,  296,  297 

re  civil  service    276 

re  consolidated  rev- 
enue fund  288 

re  elections,  propor- 
tional representa- 
tion       295 

to  establish  depart- 
ments       252 

to  govern  federal  ter- 
ritory       300 

re  House  of  assembly 

dissolution     264 

elections     261 

re  legislation,  assent..   270 
r  e  c  o  m  m  e  n  d  a  t  ions, 


INDEX 


329 


Governor  General — Continued. 

reservations,   re- 
turns     270 

military   and  naval    . .  253 
re  natives,  transferred 

from    colonies  298-299 
re      parliament,      pro- 
rogation   and    dis- 
solution      254 

sessions    253 

provincial  budget  sub- 
ject   to    approval 

28&-2S9 
provincial      legislation 
subject       to      ap- 
proval      279 

re    railways    and    har- 
bor board 290-291 

re    senate,    dissolution, 

restricted    254 

elections     256 

to   take  oaths  of  loy- 
alty    252,  265 

Relation  to  executive  coun- 
cil, advice  on  ap- 
pointments      253 

Represents  crown  in  Union  251 
Salary    fixed    by    constitu- 
tion    and     legisla- 
tion   re    same    re- 
stricted     252 

Subject  to  reversal  by 
crown  re  legisla- 
tion      270-271 

Substitutes    252,  276 

Tenure      at      pleasure      of 

crown     251 


Granting  of  Representative,  Re- 
sponsible or  Federal  Systems  of 
Government: 
C. — Federal  system  granted  . .  153 
N. — Representative      system 

granted    8,   21 

Responsible       system 

granted    52 

NZ. — Representative   system 

granted    78 

Responsible       system 

granted..  110,  119,  125 

High  Court  (cp.  General  Court 
of  Appeal,  Supreme  Court  of 
South  Africa)  : 

A. — Appeals   to   crown 

from  high  court  re- 
stricted     225 

from  state  supreme 
courts  transferred 
to   high    court  224-225 


Appeals  to  high  court 

appellate  jurisdiction 
defined;  subject 
to     regulation    by 

parliament    224 

from  interstate  corn- 
mission  on  points 
of  law   224 

Composition   223-224 

Original  jurisdiction  de- 
fined      225-226 

Power  of  parliament  to 
increase  original 
jurisdiction     226 

Style  of  the  federal  su- 
preme court  223 

Historical  Resumes: 

Australia,  Commonwealth  of. .  200 

Canada,   Dominion    of    152 

The    Dominions    308 

Newfoundland     2 

New  Zealand   72 

South  Africa,  Union  of 244 

House  of  Assembly  (cp.  House  of 
Commons,  House  of  Represen- 
tatives) : 

SA. — Composition    257-259 

Elections 

provincial  laws  adopt- 
ed   for    regulation 

of    260-261 

simultaneous     on     day 
fixed       by       gov- 
ernor general     . . .  261 
Franchise 

Cape   of    Good    Hope, 

special    rules.  259-260 
imperial     troops     dis- 
qualified      260 

power     of     parliament 

to    regulate  . .  259-260 
provincial  requirements 
adopted    as    stan- 
dard    260 

race  and  color,  spe- 
cial  rules    259-260 

Governor     general,     power 

to   dissolve    264 

Joint    session    with    senate  268 

Loss  of  seat    267 

Parliament,  power  to  fix 
privileges  and  im- 
munities      268 

Penaltv  for  illegal  sit- 
ting     267 

Qualifications  of  mem- 
bers    264,  266-267 

Quorum  and  rules  of  pro- 
cedure    fixed      in 


330 


INDEX 


House  of  Assembly — Continued. 

part    by    constitu- 
tion      265 

Relation      to      parliament, 

constituent  part . .  253 
Representative  system 

basis  of  electoral  dis- 
tricts     262 

commission  for  the 
establishment  and 
revision  of  elec- 
toral districts  in 
provinces,  compo- 
sition and  rules 

of  action    261-263 

original  provinces,  spe- 
cial rules    257-259 

parliament,  power  to 
regulate  represen- 
tation      259 

revision  of  electoral 
districts       after 

censuses     262 

rules    for    increase    of 

representation  258-259 

Resignations    265 

Revenue  and  appropria- 
tion bills  originate 
in  house  of  as- 
sembly      268 

Salaries     267-268 

Speaker 

elective,  with  substi- 
tute     264-265 

loss    of   seat,    removal, 

resignation     264 

Term    264 


House  op  Commons  (cp.  House  of 
Assembly,  House  of  Represen- 
tatives^ : 

C. — Appropriation  and  revenue 
bills    originate    in 
house  of  commons  166 
Appropriations   only   upon 
recommendation  of 
governor    general . . 166 
Composition     ....  161,   162-163, 
165-166 
Elections  in  hands  of  pro- 
vincial   legislature 
and        administra- 
tions      163-164 

Governor     general,     power 
over 

to  call    161 

to  dissolve    165 

Qualifications      of      mem- 
bers    161,  163 

Quebec,    special     rules    re 

representation    . . .   165 


Quorum  and  rules  of  pro- 
cedure fixed  in 
part  by  constitu- 
tion        164 

Representative  system 

electoral     districts     in 

provinces     162-163 

revision  of  quotas  after 
censuses  by  par- 
liament     165-166 

Speaker 

elected     164 

powers  and  duties  164-165 
Term  fixed  by  constitution  165 

House     of     Representatives     (cp. 
House    of    Assembly,    House    of 
Commons)  : 
A. — Composition      subject      to 
regulation  by  par- 
liament..  209,  210,  237 

Elections 

calls  for  elections 
within  ten  days 
of    dissolution    or 

expiry    211 

regulations  fixed  in 
part  by  constitu- 
tion      211 

single  voting  only   ...  211 

Franchise    210-211 

Governor  general,  power  to 

dissolve  204,    210,    220 

Governor    general    to    call 

elections    211 

Loss  of  seat    212 

Qualifications  of  mem- 
bers     211-212 

Quorum  and  rules  of  pro- 
cedure fixed  in 
part  by  constitu- 
tion      212 

Racial  disfranchisement  in 
states,  effect  on 
state  quota     . .209-210 

Representation,  special 
rules  re  original 
states     209 

Resignations    212 

Senate,  conflicts  with,  re- 
solved by  new  elec- 
tions and  joint 
sessions    219-221 

Speaker 

election,  loss  of  office, 
removal,  resigna- 
tion       212 

power  to  vote   212 

State  parliament's  power 
to  regulate  elec- 
tions      209-211 


INDEX 


331 


House    of    Representatives — Cont. 

Terra    210 

Vacancies    211 

NZ. — Composition    91 

Elections    91,   92,   101 

Franchise    92 

Governor,  power  of 

re     actions     of    house 

92,  96,  126-127 
re       composition       of 

house    90-91 

re  elections  91-92,  126-127 
to  fix  place   and  time 

of  meeting  92,  126-127 
to  prorogue  or  dissolve 

house  92,  126-127,  130 

Oath  of  loyalty   93 

Qualifications  for  mem- 
bers         92 

Resignations    and    loss    of 

seat :   vacancies . .  93-94 
Rules    of   procedure    fixed 

by  house  94-95 

Speaker  elective   93 

Term  fixed  by  constitu- 
tion          91 

Imperial  Government: 

A. — Consent  to  federation  ....  201 
C. — Consent  to  federation   ....   153 
Dominions,    naturalization    by, 
not   reviewable  by 
Imperial    Govern- 
ment      310 

N. — International    relations    in 

its   hands    55 

Intervention  against  rev- 
enue     obstruction 

urged    58,  60 

NZ. — Appeal  to,  in  disputes 
between  general 
assembly  and  gov- 
ernor       138 

Consent  necessary  for  re- 
sponsible govern- 
ment    111-112,  120 

Review  of  certain  legisla- 
tion by  imperial 
parliament  . . .  102,  150 

Imperial  Questions: 

A. — Commonwealth  legislation 
effective  on  impe- 
rial  ships    202 

C. — Relation    of    Dominion    to 

imperial    treaties.  188 

NZ. — Colonial  legislation  lim- 
ited    by     imperial 

treaties    98 

Imperial  interests  pro- 
tected   under    re- 


sponsible    govern- 
ment      132-133 

Indemnification       of      Displaced 
Officials: 

A. — Prerequisite  to  federa- 
tion      227-228 

N. — Prerequisite  to  responsi- 
ble government   . .     53 

NZ. — Abolition  of  provinces  . .   148 
Upon  establishment  of  re- 
sponsible    govern- 
ment   ...111,  130-131, 
134,  136 

SA.— Provided  for    297-298 

Instructions: 

C. — Crown,  instructions  to  gov- 
ernor general  re 
legislation     166 

NZ. — Crown,  instructions  to 
governor      general 

re  legislation 97 

Crown,  instructions  to  leg- 
islative  council . .  74-75 
Instructions      from      gov- 
ernor to  provincial 
superintendents     . .  88 

SA. — Crown,  instructions  to 
governor  general 
re  legislation   270 

Intercolonial   Railway: 

C. — Duty  of  Dominion  to  com- 
mence construc- 
tion      191-192 

Prerequisite    to    federation  191 

International  Relations: 

A. — Suits  involving  treaties  and 
foreign  representa- 
tives included  in 
original  jurisdic- 
tion of  high  court  225 

C. — Position  of  Dominion  in 
international  rela- 
tions        188 

N. — Imperial     Government     in 

control     55 

NZ. — Legislation  to  accord  with 

imperial  treaties. .     98 

SA. — Union  to  assume  certain 
international  ob- 
ligations     299 

Interstate  commission: 

A. — Appeals  to  high  court  on 

points  of  law   . . .  224 

Established     233 

Members      appointed      by 

governor      general  233 


332 


INDEX 


Interstate  Commission — Continued. 

Powers  fixed  by  parlia- 
ment for  admin- 
istration of  con- 
stitution and  laws 
re  trade  and  com- 
merce      233 

Removal  of  members   ....  234 

Salaries  fixed  by  parlia- 
ment       234 

Term  of  members   234 


Judges: 

A. — Appointed     by     governor 

general     224 

Removal  by  governor  gen- 
eral    on     address 
from    parliament.  224 
Salaries    fixed    by    parlia- 
ment     218,  224 

C. — Appointment  of  judges  in 
provinces   by   gov- 
ernor   general  180-181 
Tenure     181 

Judicial    Power,    organization    of 
(C)     180-181 


Jury,    trial     by,     in     state    where 
offense   was   committed    (A)   226-227 


Justice,   Administration   of: 

Cape    of    Good    Hope,    special 

rules     296-297 

N. — Powers  of  governor   228 

SA. — Organized    under   a  min- 
ister of  state    ...  296 

Lands,  Sale  and  Purchase: 

C. — Lands   and  mines   retained 

by    provinces.  .182-183 
N. — Powers  of  governor.  .15,  31,  32 
NZ. — Canterbury      Association 
lands    and    rights 

protected     106-107 

General  assembly,  powers  of 
re    purchase    and    sale 

of   lands    99,    103 

to    review    land    sales 

accounts    99 

Native  land  purchased  only 

by  crown . .  104, 132-133 
Otago     Association     lands 
and     rights     pro- 
tected      107-109 

Revenues  and  expendi- 
tures on  account 
of    99,  105-106 


Language  Question: 

C. — Languages  available  in  par- 
liament and  courts  188 
The    Dominions,    language 

equality   310 

SA. — English    and    Dutch    offi- 
cial languages  296,  298 
Laws,  texts  in  English  and 

Dutch 271 

Records  of  provincial 
ordinances  in  Eng- 
lish and  Dutch . . .  279 

Law  of  England: 

A. — Privileges  and  immunities 
of  members  of  the 
parliament  fixed 
by  British  con- 
stitution       215 

C. — Constitution  accords  in 
principle  with  law 
of  England..  153,  157 
Powers  of  parliament  lim- 
ited by  powers  of 
British  p  a  r  1  i  a  - 
ment    157,  195 

N. — Legislation  to  accord  with 

law   of   England  9,  23 

NZ. — Legislation  to  accord 
with  law  of  Eng- 
land     75,   84,    95 

Local     conditions     justify 

variation  from    ....  75 

Legislation     (cp.    Appropriations, 
Reserved  Bills)  : 

A. — Appropriations  only  on 
recommendation  of 
governor  general.  219 
Colonies,  legislation  under 
federation  prior 
to  effectiveness  of 

constitution    202 

Crown,  power  to  disallow 
legislation  by  par- 
liament       221 

Federal  legislation  su- 
preme over  state 
legislation  in  case 
of  conflict  202,  206, 235 
Imperial  shipping,  effec- 
tiveness of  Com- 
monwealth legisla- 
tion on    202 

Reserved  bills,  when  ef- 
fective      221 

Restrictions   on 

re  civil   list    204 

re  customs  duties  215,  229 
Revenue  bills 

omnibus  legislation  for- 
bidden      219 


Legislation — Continued. 

originate  in  lower  house  218 

riders   forbidden     219 

C. — Assent  of  governor  general 

necessary     166 

Crown  may  instruct  gov- 
ernor   general    re 

legislation     166 

Record  of  assents  to  leg- 
islation from  crown  166 
N. — To  accord  with  the  law  of 

England   9,  23 

Appropriations  only  on 
recommendation  of 

governor    50 

Crown 

power   re   legislation . .     10 
prior     consent     neces- 
sary     in      certain 

cases     21-23 

record     of     legislation 

furnished   9,  26-27 

Lieutenant  governor,  power 
re  legislation  re- 
stricted         39 

Military   and   martial   law 

made  by  governor    37 
Obstruction     in     assembly 
pending    responsi- 
ble       government 

56,  57,  60,  62 
Private      acts      procedure 

specified    24 

Procedure  outlined   9,  24 

Recommendations  for  cer- 
tain        legislation 

28,  35,  36 
Restrictions    on 

re  currency    26 

re  forms  of  laws 22 

re   subjects    forbidden 

under  forms    ....     23 

Style  of  laws   21,  25 

Suspension  clause  neces- 
sary     in      certain 

laws    21,   24 

NZ. — To    accord    with    law    of 

England    75 

Crown,   power    to    instruct 

governor    97 

Limited  by  imperial  inter- 
national obligations     98 
Local     conditions     justify 
variation  from  law 

of  England   75 

Naturalization     89 

Obstruction  pending  re- 
sponsible govern- 
ment    126,  127 

Provinces 

governor,  power  over.     87 
record  of  assents.  87-88 


INDEX  333 

reserved  bills,  subjects    87 

when  effective  87 

when  void   88 

restrictions,  certain 

subjects     107 

superintendent,    power 

of    87 

Reserved  for  assent  of 
crown,  bills  re 
certain       subjects 

102,  150 
Responsible       government, 
legislation   by   im- 
perial    parliament 
not     necessary     to 

establish Ill,  112 

Restrictions  on,  re  certain 

subjects     100 

Review  of  certain  colonial 
legislation  by  im- 
perial    parliament 

102,   150 
Quebec,   legislation   by   legisla- 
tive   assembly    re 
electoral    divisions 

restricted    171 

SA. — Appropriations    only    on 
recommendation  of 
governor    general.   269 
Colonial     legislation     con- 
firmed     295-296 

Crown,  power  to  disal- 
low      270-271 

Federal  law  supreme  over 
provincial    law    in 
case  of  conflict  . .  278 
Governor  general 

crown,    power    to    in- 
struct      270 

duty    to    reserve    cer- 
tain   bills    for    as- 
sent of  crown   . . .  270 
powers    re    legislation 

in  Union   270 

powers    re    legislation 

in  provinces   279 

Languages,  laws  in  Eng- 
lish and  Dutch  . .  271 
Provinces,  power  to  rec- 
ommend legisla- 
tion to  parlia- 
ment       278 

Provincial  ordinances,  re- 
served, when  ef- 
fective      279 

Provincial     ordinances     in 

English  and  Dutch  279 
Reserved    bills,    when    ef- 
fective      271 

Restrictions  on 

re  appeals  to  crown  284-285 
re  appropriations  ....  269 


334 


INDEX 


Legislation — Continued. 

re  salary  of  governor 

general     252 

Revenue  and  appropria- 
tion bills  origi- 
nate in  house  . . .  268 
Senate,  power  on  revenue 
and  appropriation 
bills  restricted  ...  269 

Legislative   Assembly: 

Ontario    and    Quebec,    election 

rules     173 

Franchise    173 

Lieutenant  governor 

power  to  call 172 

power  to  dissolve  ....  173 
Qualifications      of      mem- 
bers     172-173 

Quorum  and  rules  of  pro- 
cedure     173-174 

Sessions     173 

Speaker,  election  and  pow- 
ers     173-174 

Term    173 

Quebec,  composition   171 

Powers    of    legislation    re- 
stricted      171 

Legislative  Council: 

NZ. — Appointment  by  crown  74,  88 

Composition     76 

Crown,   power   to   instruct 

74-75 
Disallowance  of  legisla- 
tion by  crown ...  95,  97 
Power  of  legislation  74,  76-78 
Qualifications  of  members  89 
Quorum  hxed  by  constitu- 
tion          90 

Resignations,   loss   of   seat 

89-90 

Rules  of  procedure  90,  94-97, 

101 

Speaker     90 

Tenure   74,  89 

Quebec,  appointed  by  lieuten- 
ant governor   ....   170 

Composition     170 

Qualifications      of      mem- 
bers    170,  186 

Quorum  and  rules  of  pro- 
cedure      171 

Resignations,  loss   of  seat 

170-171 
Rules    of    procedure    out- 
lined by  lieutenant 

governor    171 

Speaker  appointed  by  lieu- 
tenant   governor..   171 
Speaker's  power   171 


Legislative    Power    (cp.    Con  cur- 
bent  Powers)  : 
A. — Governor  general 

assent  or  refuse  assent  221 

recommendations    221 

Parliament 

exclusive        legislative 

powers     230 

legislative  power  vested 

in    203 

legislative    powers    de- 
nned in  detail  215-218 
Senate,   power   re    revenue 
and  appropriations 

restricted    218-219 

C. — Distributed  between  Do- 
minion and  prov- 
inces      175-180 

Organization  of    157-167 

Parliament 

re  education  in  prov- 
inces        179 

limited   by  powers   of 
British    p  a  r  1  i  a  - 

ment   157,  196 

new    provinces,    estab- 
lishment of    194 

new  provincial  institu- 
tions        194 

powers  self-defined  157, 196 
privileges       and       im- 
munities  of  mem- 
bers     157,  196 

provincial    boundaries, 

alteration   of..  194-195 
representation    of    ex- 
tra-provincial  ter- 
ritory        197 

representation  of  new 

provinces     194 

scope   of   powers ..  175— 177 
re     uniform     laws     in 

provinces     179-180 

Provinces,   scope    of   legis- 
lative  powers  .177-178 
N. — Assembly,  powers  of  leg- 
islation            6 

Council,  powers  of  legisla- 
tion  ..6,  10-11,  28,  37 

Governor   10,  36-37 

NZ. — General  assembly,  pow- 
ers of  legislation 
95,   101,   102,   132,   133 

Governor     98 

Legislative  council   . .  74,  76-78 
Provincial  councils 

re  appropriations   ....     86 
re    general    legislation     84 
re   local   government..   103 
Provincial   superintendents 

84,  86,  87 


INDEX 


335 


Legislatures  : 

C. — Provincial    legislatures .  170-175 
Provincial  legislatures, 

members  take 
oaths  of  allegiance 
before  governor 
general  or  lieuten- 
ant governor. .186-187 

New  Brunswick  and  Nova 
Scotia  legislatures 
left  intact  at  fed- 
eration    174 

Quebec,  comparison  of  legis- 
lature       170 

Lieutenant  Govern oe: 

A. — Substitute  for  governor  in 

certain   cases . . 109-123 
C. — Appointed      by      governor 

general  167,  169 

Oath  of  loyalty  before  gov- 
ernor  general    . . .   168 
Office  established  in  prov- 
inces        167 

Relations  to  executive 
councils  in  prov- 
inces       169 

Salary  fixed  by  Dominion 

parliament    168 

Substitute  for  governor  in 

certain   cases . .  186-187 

Tenure  and  term   167-168 

N. — Oath     of     loyalty     before 

council     7 

Power  of  appointment 
and  legislation  re- 
stricted         39 

Salary     when      acting     as 

governor    39 

Substitute  for  governor  in 

certain  cases  7,  16,  18 
Ontario  and  Quebec,  powers  of 
lieutenant  governor 

Appointments    188-189 

Departments,  to  fix  duties 

and  powers    ..188-189 
Legislative  assembly 

to  call  sessions  of....   172 

to  dissolve   173 

Quebec,   powers    of   lieutenant 
governor  to 
Appoint  legislative  council  170 
Establish    local    townships 

and  fix  boundaries  191 

Liquor: 

A. — Power  of  states  re  intoxi- 
cating liquors  com- 
plete      236 

SA. — Regulations  re  intoxicat- 


ing liquors  in  fed- 
eral  territory    . . .  305 

Local  Government: 

C. — Subdivision  of  provinces..  162 

NZ. — Power  of  provincial  coun- 
cils     over     muni- 
cipal   corporations  103 
Municipal  corporation  cre- 
ated     102-103 

Quebec,  established  by  lieuten- 
ant governor   191 

SA. — Power  of  parliament  and 
provincial  councils 
over  local  govern- 
ment      280 

Provinces,  local  government 

institutions     .  .277-280 

Military  and  Naval  Powers: 

A. — Power  of  governor  gen- 
eral      223 

States,  no  military  or  naval 

powers     236 

C. — Military  and  naval  powers 

in  the  Dominion..  157 

N. — Powers  of  governor  11-13, 32, 38 

SA. — Powers  of  governor  gen- 
eral      253 

Military  Forces: 

A. — States,  no  military  or  naval 

forces     236 

N. — Crown     furnished     record 

of  standing  forces    37 
Governor,  power  of  re..  11-13 

Ministers  of  State: 

A. — Power  of  parliament  to  fix 

offices    222 

Salaries  provided   222 

Style  of  members  of  federal 

executive    council.  222 

Term    222 

SA. — Minister  of  state  at  head 
of  administration 
of  justice   296 

Must  be  members  of  par- 
liament     252-253 

Right    to    speak    in    both 

houses    266 

Style  of  heads  of  depart- 
ments and  mem- 
bers of  executive 
council     252 

Natives   (cp.  Race): 

A. — Not  counted  in  popula- 
tion    239 


INDEX 


Natives — Continued. 

NZ. — Crown  given  special  care 

of    ..103-104,    132-133 
General    assembly,    power 

re  lands   132,  133 

Lands   purchased   only   by 

crown   ...104,  132-133 
SA. — Intoxicating      liquor      in 

federal   territory    . .  305 

Lands    305 

Relations  with,  management 
transferred  to  gov- 
ernor  general  298-299 
Representation     of     inter- 
ests in  senate   . . .  254 
Reservations  of  lands ..  298-299 

Naturalization  : 

A. — By    Commonwealth,    state, 

or  colony    212 

C. — By  Dominion  and  prov- 
inces      158-159 

Dominions,  naturalization  by, 
not  reviewable  by 
Imperial  Govern- 
ment       310 

NZ. — Naturalization  legislation    89 

SA. — Naturalization  by  col- 
onies effective  in 
Union    296 

Negotiations  for  the  establish- 
ment of  responsible  govern- 
ment  (NZ)    131-132 

New  Brunswick  and  Nova  Scotia: 
Executive     council,     organiza- 
tion   left    intact..   168 
Legislatures  left  intact   174 

New  Elections: 

N. — As  preliminary  to  estab- 
lishment of  re- 
sponsible govern- 
ment          68 

NZ. — As  preliminary  to  estab- 
lishment of  re- 
sponsible govern- 
ment 115,  117,  118,  121 

New  Ministry  under  responsible 
government  given  time  to  or- 
ganize  (NZ)    115,  117,  121 

New  Zealand: 

Boundaries     109 

Historical  riaumi    72 


Newfoundland  : 

Boundaries   5 

Historical   re'sume'    2 

Special   rules   re    admission   to 

Dominion    192 

Oath  of  Allegiance: 

A. — Administered  to  executive 
councillors  by  gov- 
ernor general  . . .  222 
C. — Lieutenant  governor,  oath 
of  loyalty  before 
governor    general.   168 

Parliament  and  provincial 
legislatures,  mem- 
bers take  oaths  of 
allegiance  before 
governor  general 
or  lieutenant  gov- 
ernor     186-187 

Privy  council  in  Canada, 
members  take  oath 
of  loyalty  be- 
fore governor  gen- 
eral        155 

N. — Assembly,  members  take 
oath  of  loyalty 
before    governor..  8-9 

Civil  service,  officials  take 
oath  of  loyalty 
before  governor  10,  18 

Council,  members  take  oath 
of  loyalty  before 
governor    7 

Governor,   oath   of   loyalty 

before  council   . . .  6-7 

Lieutenant  governor,  oath 
of   loyalty    before 

council     7 

NZ. — House  of  representatives, 
members  take  oath 
of    loyalty    before 

governor    93 

SA. — Executive  council,  mem- 
bers sworn  in  by 
governor    general.   252 

Parliament,  members  sworn 
in  by  governor 
general    205 

Obstruction  in  Legislation: 

N. — By   assembly   pending   es- 
tablishment of  re- 
sponsible    govern- 
ment   ..56,   57,   60,  62 
Imperial  Government  urged 

to  intervene  . . . .58,  60 
NZ. — Pending  establishment  of 
responsible  govern- 
ment    126,   127 


INDEX 


337 


Ontario  axd  Quebec: 

Executive  council,  composition, 

special  rules    168 

Lieutenant  governor 

civil  service,  power  to  ap- 
point  members   of 

188-189 
departments,  power   to  fix 
duties     and     pow- 
ers      188-189 

legislative  assembly,  power 

to    summon    172 

Province   of   Canada 

division  of  debts  between 
Ontario  and  Que- 
bec       191 

executive  power  divided 
between  Ontario 
and  Quebec    ..168-169 

Ordinances  in  Provinces: 

SA. — Federal  legislation  supe- 
rior to,  in  case  of 
conflict     278 

Governor  general,  power 
to  assent  to,  with- 
hold assent,  or  re- 
serve for  further 
consideration    279 

Ordinance  powers  of  colo- 
nial government 
transferred  to  pro- 
vincial executive 
committees    275 

Record     kept    in     English 

and  Dutch    279 

Regulation  of  ordinance 
power  by  parlia- 
ment      276-277 

Reserved  ordinances,  when 

effective     279 

Scope   of  ordinance  power 

276-277 

Original   Province    (cp.   Original 
State) : 

SA. — Parliament,  power  to 
regulate  repre- 
sentation   of    ....  259 

Representation,    special 

rules     257-259 

Senators   elected  by    254 

Original     State      (cp.      Original 
Province)  : 
A. — Representation,    special 
rules 
house     of     representa- 
tives        209 

senate     205 

Style,  meaning  of    202 


Otago  Association,  lands  and 
rights  protected  (NZ)    107-109 

Ottawa,  seat  of  government  of 
Dominion  of  Canada  established 
at    157 

Pardon  Power  vested  in  governor 
(N)     11,  31 

Parliament: 

A. — Address  of  parliament  for 

removal  of  judges  22-4 

Composition    203-204 

Conflicts  between  houses  re- 
solved  by   dissolu- 
tion, elections  and 
joint    sessions  219-221 
Disallowance  of  legislation 

by   crown    221 

Disputes    re    elections    and 
qualifications      de- 
cided by  houses  214,  215 
Exclusive  jurisdiction  over 

certain  subjects  218,230 

Franchise    213 

Loss  of  seat    214 

Meetings  within   month  of 

elections    204 

Penalty   for  illegal   sitting  214 
Power  of  legislation  vested 

in     203 

Powers 

to   alter   state   bound- 
aries       237 

to  determine  offices  of 

ministers  of  state  222 
powers  of  interstate 

commission   ....  233 
quorums     in     house 

and  senate. .208,  212 
salaries     of     judges 

218,  224 
salaries   of  members 
of         interstate 
commission     . . .  234 
to  govern   federal  ter- 
ritory      237 

to   grant   financial    as- 
sistance to  states.   232 
to      increase      original 
jurisdiction  of 

high   court    226 

of    legislation    defined 

in   detail    215-218 

to      organize      federal 

judicature    ..  . 223,  224 
to       redistribute       ap- 
pointing power  of 
executive     223 


338 


INDEX 


Parliament — Continued. 

to    regulate    appellate 
jurisdiction  of 

high  court 224 

commerce    233 

composition  of  house 
of       representa- 
tives  ..209,  210,  237 
composition   of   sen- 
ate     205,    237 

elections      for     sen- 
ate    205,  206 

jurisdiction   of   fed- 
eral courts  . .  .218,  226 
suits    against    Com- 
monwealth    and 

states      226 

to    specify    conditions 
of     admission     of 

new  states    237 

Privileges    and    immunities 
of   members   fixed 
according  to  Brit- 
ish constitution   . .  215 
Prorogation     by    governor 

general    204 

Qualifications      of      mem- 
bers     213-214 

Relation  to  crown   203-204 

Rules    of    procedure   fixed 

by    houses    215 

Salary  of  members    215 

Seat  of  government,  ex- 
clusive jurisdic- 
tion of  parliament  218 
location  and  choice  of 
location  by  par- 
liament     238 

Senate,  part  of  parliament  204 
Sessions  to  be   annual    . . .  205 
Styles:  the  parliament,  the 
parliament   of   the 
Commonwealth    . .  204 
Time    of    meeting    set    by 

governor    general.  204 

C. — Composition      157 

Languages  available    188 

Oatns   of   allegiance   taken 

by  members  . .  186-187 
Powers 

to       alter       provincial 

boundaries    . . .  194-195 
to  appropriate  moneys 
from    consolidated 

fund      182 

re     education     in     the 

provinces     179 

to  establish  new  prov- 
inces  and   provin- 
cial    institutions..   194 
re  executive  powers  of 

the  Dominion    . . .   156 


to     govern     extra-pro- 
vincial  territory..   194 
limited    by   powers    of 
British  parliament 

157,  196 
re   privileges    and    im- 
munities  of  mem- 
bers    157,  196 

to  provide  representa- 
tion for  extra- 
provincial  terri- 
tory       197 

to  provide  representa- 
tion for  new  prov- 
inces        194 

to  regulate  quorum  for 

senate     161 

to  regulate  salaries  of 

judicial  officials  ..   181 
to    regulate    salary    of 
lieutenant         gov- 
ernor       168 

to    revise    quotas    for 
house  of  commons 
after  censuses  165-167 
scope      of      legislative 

power     175-177 

self-defined    157,  196 

re     uniform     laws     in 

provinces     179-180 

SA. — Approval  necessary  for 
construction  of 
railways  and  ports  290 

Composition    253 

Conflicts     of     senate     and 
house  resolved  by 
joint    sessions  269-270 
Joint     sessions     of    house 

and  senate   268 

Meetings  at  Cape  Town..  254 
Oaths   of   allegiance   taken 

by  members 265 

Powers 

to  alter  boundaries  of 

provinces     299 

to   amend    constitution  300 
to  determine  composi- 
tion of  senate ....  255 

own  powers    268 

powers  of  public 
service  commis- 
sion      297 

privileges  and  im- 
munities of  mem- 
bers       268 

rules  of  procedure 
under  constitu- 
tion      268 

salaries     of     judges 

of  supreme  court  283 
salary      of      provin- 
cial auditor    ...  280 


INDEX 


339 


Parliament — Continued. 

over  local  government 

in  provinces   280 

to    petition    crown    re 
admission    of    new 
members  to  Union  299 
to    redistribute    power 

of  appointments..  253 
to  regulate  actions  of 

provincial    auditor  280 
civil  service  in  prov- 
inces      276 

free  trade  arrange- 
ments      296 

ordinance  power  of 
provincial  coun- 
cil     276-277 

representation  of 
original  prov- 
inces in  house 
of  assembly  . . .  259 

scope  of 250-251,  268 

Prorogation  and  dissolu- 
tion   by    governor 

general    254 

Sessions  to  be  annual  ....  254 
Time  of  meeting  fixed  by 

governor   general .  253 

Party  Conflicts  and  responsible 
government  (NZ)   122,  128,  129 

Payment  of  Members  established 
under  responsible  government  (N)     54 

Pensions  and  Allowances  for 
state  officials  taken  over  by 
Commonwealth  (A)    228 

Prerequisites  for  Responsible  Gov- 
ernment or  for  Federation: 

A. — Civil  list  provided  for,  in- 
cluding salary  of 
governor  general, 
as    prerequisite  to 

federation     204 

Indemnification  of  dis- 
placed office-hold- 
ers demanded  un- 
der federation  227-228 

C. — Intercolonial  railway  agree- 
ment prerequisite 
for  federation   . . .   191 

N. — Civil  list  required  at  grant 
of  responsible  gov- 
ernment          54 

General  statement  of  pre- 
requisites for  re- 
sponsible govern- 
ment          53 


Increase  in  size  of  assem- 
bly prerequisite  to 
responsible  govern- 
ment 53,  54,  57,  58,  67 

Indemnification  of  dis- 
placed office-hold- 
ers at  establish- 
ment of  responsi- 
ble    government..     53 

Reorganization  of  council 
necessary  under 
responsible  gov- 
ernment ...  .54,  68,  69 
NZ. — Civil  list  required  under 
responsible  gov- 
ernment          99 

General  statement  of  pre- 
requisites   for    re- 
sponsible    govern- 
ment    ..110-112,     114, 
115,      119,      120,      130, 
131,  134-136 

Reconstruction  of  execu- 
tive council  under 
responsible  govern- 
ment 125,127-128,130, 
131,  133,  137,  140-141 
SA. — Salary  of  governor  gen- 
eral provided  for 
under  federa- 
tion      251-252 

President    of    the     Senate     (cp. 
Speaker)  : 
A. — Election  of  president  and 
substitute  by  sen- 
ate      208 

Notification  of  vacancies 
in  senate  by  presi- 
dent to  state  gov- 
ernors       208 

Power  to  vote  in  all  cases  209 
SA. — Election      of      president 
and   substitute   by 

senate    256-257 

Resignation,   removal,  loss 

of  office  256 

Voting  power   257 

Prime   Minister,  share  in   govern- 
ment of  federal  territory    (SA) 

801-304 


Prince     Edward     Island,     special 
rules  re  admission  to  Dominion 

192-193 


Prior  Consent  of  Crown  neces- 
sary for  legislation  in  certain 
cases    (N)    21-23 


340 


INDEX 


Private   acts: 

N. — Private      acts      procedure 

specified    24 

SA. — Power  of  provincial 
councils  re  private 
acts  in  the  par- 
liament      278 


Privy    Council    in    Canada     (cp. 
Federal   Executive   Council)  : 

Advise    governor    re    appoint- 
ments   and    execu- 
tive acts  156,  167,  169, 
et  passim 
Appointment   and   removal  by 

governor   general.   155 

Establishment  of   155 

Members  take  oath  of  loyalty  155 
Relation  to  governor  general..   156 

Proportional  Representation: 
SA. — Adopted  for  use  in  elec- 
tion of  senate  and 
provincial       coun- 
cils      295 

Provincial  executive  com- 
mittee chosen  by 
provincial  council 
by  provincial  rep- 
resentation 274,275,  295 
Rules  for  elections  of  sen- 
ate and  provincial 
councils  to  be  for- 
mulated by  gov- 
ernor general    . . .   295 

Prorogation  and  Dissolution: 
A. — Governor  general 

may  dissolve  house 
of  representa- 
tives    204,  210,  220 

may  dissolve  senate. . .  220 
may    prorogue    parlia- 
ment       204 

C — Governor  general  may  dis- 
solve     house      of 

commons      165 

N. — Governor  may  prorogue  or 

dissolve  assembly  10, 43 
NZ. — Governor    may    prorogue 
or    dissolve    house 
of    representatives 

92,   126-127,  130 
Provincial     superintendent 
may  prorogue  pro- 
vincial council   ...     83 
Ontario      and      Quebec,      lieu- 
tenant       governor 


may    dissolve    leg- 
islative assembly . .   173 
SA. — Governor   general 

may  dissolve  house  of 

assembly    254,  264 

may  dissolve  senate  . .  254 
may  prorogue  or  dis- 
solve parliament . .  254 


Province  (cp.  Colony  and  State)  : 
C. — Appropriations     and     rev- 
enue bills 
only    on    recommenda- 
tion      174-175 

originate     in     lower 

house    174-175 

Assent  to  bills    174-175 

Boundaries     154-155 

Boundaries  subject  to  al- 
teration by  par- 
liament     194-195 

Census  of  population  pro- 
vided for    155 

Concurrent  powers  with 
Dominion  re  agri- 
culture and  im- 
migration       180 

Customs  duties  and  excise 
laws     revised     by 

parliament    185 

Debts 

assumed  by  Dominion 

in  part 182,  183 

liable   for   portions   of  183 
Disallowance   of  bills.  .174-175 
Education   subject   to   leg- 
islation by  parlia- 
ment       179 

Elections  for  house  of  com- 
mons controlled  by 
provincial  legisla- 
tures and  admin- 
istrations    ....163-164 

Electoral  districts   162-163 

Established     154 

Free  trade  among   185 

Funds  transferred  to  Do- 
minion       182 

Governor  general,  power 
to  appoint  judges 

180-181 
Grants  in  aid  by  Dominion  184 
Lands      and      mines      re- 
tained      182-183 

Legislation  overridden  by 
Dominion  legisla- 
tion    in     case     of 

conflict     180 

Legislatures     170-175 


INDEX 


341 


Province — Continued. 

Lieutenant  governor 

established    167 

relations  to  executive 
council  in  prov- 
ince     169 

Local  government,  divi- 
sions of   162 

Naturalization     158-159 

New  provinces 

added      to      Dominion 

154  note,  192-193 
crown,  power  to  admit  192 
parliament,    power    to 

establish    194 

procedure  in  admis- 
sion  of    192 

Oaths  by  members  of  legis- 
lature before  gov- 
ernor   general  186-187 
Powers   of  legislation 

re  schools  and  educa- 
tion      178-179 

scope  of    177-178 

Powers  of  provincial  execu- 
tives transferred 
to  Dominion  ex- 
ecutive     156 

Public    works    transferred 

to  Dominion    ....   182 

Reserved  bills   174-175 

Seats   of  government    ....   169 
Subventions    from    Domin- 
ion for  civil  list..   184 

NZ.— Abolished     143-144 

Boundaries 

general      assembly, 

power  of 102 

governor,  power  of    . .     79 
Councils 

appropriations  only  on 
recommendation  of 
superintendent     . .     86 

created     79 

elections    80 

franchise     81-82 

powers,    re    legislation     84 
over     local     govern- 
ment        103 

qualifications  of  mem- 
bers      81-82 

quorum  fixed  by  con- 
stitution          85 

resignations,     loss     of 

seat     82 

rules  of  procedure   ...     85 

sessions    83 

speaker,    election    and 

powers   85-87 

term    83 

Educational     property 


transferred  to  dis- 
trict boards   146 

Established     79 

Indemnification  of  dis- 
placed office-hold- 
ers at  abolition  of 

provinces     148 

Legislation 

governor,  power  over.     87 
reserved    bills,    record 
of  assents  of  gov- 
ernor     87-88 

subjects    reserved    for 

assent  of  governor     87 
superintendent,   record 

of  assents   87 

when  reserved  bills  ef- 
fective         87 

when  reserved  bills  void    88 
Local    government,    power 

of  councils  over  . .   103 
Officials,      powers       trans- 
ferred      145-147 

Provincial  districts,  sub- 
stituted for  prov- 
inces     143,   147 

Superintendents 

created    79 

elective;  power  of  gov- 
ernor         79 

powers,     re     composi- 
tion of  council    . .     82 
re  legislation.  .84,  86,  87 
re  meetings  of  coun- 
cil         83 

to   prorogue    council     83 

transferred    144,147 

removal  by  crown    ...     80 

resignation     79-80 

warrants   for  expendi- 
tures          86 

Surplus  revenue,  shares  of  101 
Titles    to    property    trans- 
ferred          145 

SA. — Boundaries  subject  to  al- 
teration by  par- 
liament      299 

Civil  service 

governor      general, 

power    to    provide  276 
members  appointed  by 
provincial      execu- 
tive committee    . .  276 
Crown,     power     to     admit 
new    provinces    to 

Union     299 

Education,  funds  provided 

by  Dominion   ....   288 
Election  laws  adopted   for 
federal      elections 

260-261 


342 


INDEX 


Province — Continued. 

Electoral  districts,  com- 
mission for  estab- 
lishment and  re- 
vision of   261-263 

Finance,  commission  on  re- 
lations of  Union 
and  provinces    . . .  288 

Franchise  for  lower  houses 
adopted  for  fed- 
eral house  of  as- 
sembly      260 

Governor  general  to  ap- 
point attorneys 
general    296 

Legislation  requires  assent 
of  governor  gen- 
eral      279 

Local  government 

institutions      provided 

277,  280 
power    of    parliament 
and          provincial 
council     280 

Parliament,  power  to  regu- 
late civil  service. .  276 

Principle  of  249 

Seats  of  government  de- 
termined by  con- 
stitution      280 

Senate,  election  of  mem- 
bers from  prov- 
inces       255 

Style    applied    to    former 

colonies    251 

Provincial  Administrator: 

SA. — Appointed    by    governor 

general    271 

Appropriations   from  pro- 
vincial        revenue 
fund  only  on  rec- 
ommendation  ....  278 
Deputy  administrator    . . .  272 

Established    271 

Powers 

to  act  for  governor 

general  276 

to  act  for  provincial  ex- 
ecutive   committee  275 
to  participate   in  pro- 
vincial    council 

meetings    275 

to    vote    in    provincial 
executive  committee  276 
Principle  of  the  office  . . .  271 
Provincial  council 

power  to  fix  meetings  273 

power  to  prorogue  273-274 

Provincial     revenue     fund, 

moneys    paid    out 

only     on     warrant 


of    provincial    ad- 
ministrator      278 

Qualifications     271-272 

Removal    272 

Salary    272 

Term    272 

Provincial  Auditor: 

SA. — Appointed    by    governor 

general    279 

Established     279 

Powers  to  audit  provin- 
cial accounts   ....  280 

Removal    280 

Salary    fixed    by    governor 

general     280 

Warrant  necessary  for 
provincial  expen- 
ditures       280 

Provincial    Council    (cp.    State 
Parliament)  : 
NZ. — Appropriations    only    on 
r  e  c  o  m  mendations 
of    superintendent    86 

Created    79 

Elections     80 

Franchise    84 

General  assembly,  rela- 
tions to;  elections, 
shares  of  sur- 
plus    95,  102 

Governor,  powers  of 

re     actions    of    coun- 
cils      83,  87-88 

re  elections 80,  82,  83 

re  membership    79-80 

Legislation  restricted    ....  107 

Powers,  of  legislation    ...     84 

over  local  government  103 

re  rules   of  procedure    85 

Qualifications   of   members 

81-82 
Quorum  fixed  by  constitu- 
tion          85 

Resignations,  loss   of   seat    82 

Sessions     83 

Speaker,  election  and  du- 
ties         85 

Superintendent,   powers   of 
re  composition  of  coun- 
cil         82 

re    meetings    of    coun- 
cil         83 

to  prorogue  council  . .     83 

Term    83 

SA. — Chairman,  election  of   . .  274 

Composition     272 

Disqualification,      loss      of 
seat,    penalty    for 
illegal  sitting    ...  273 
Election  rules    273 


INDEX 


343 


Provincial  Council — Continued. 

Established     272 

Franchise    272 

Freedom    of    debate    and 

vote    274 

Meetings,  time  fixed  by 
provincial  admin- 
istrator     273 

Powers 

of  appropriation  from 
provincial   revenue 

fund   278 

over  local   government  280 
ordinance  power  ..276-277 
re  private  acts  in  par- 
liament      278 

to  recommend  legis- 
lation to  parlia- 
ment    278 

re  salaries  of  pro- 
vincial      executive 

committee     274 

Provincial  administrator 
participates         in 

meetings    275 

Provincial  executive  com- 
mittee partici- 
pates  in  meet- 
ings     274,  275,  295 

Qualifications     272 

Rules  re  representation  in 

senate    255 

Senate 

election    255 

term     255 

to  fill  vacancies 255 

Term  of  members   273 

Provincial     District     substituted 
for  province   (NZ;    143,  147 

Provincial  Executive  Committee: 

SA. — Composition    274 

Election       bv       provincial 

council   ..274,  275,  295 
Governor      general      must 
approve      esti- 
mates      288-289 

Powers 

to     appoint     members 

of  civil  service. . .  276 

ordinance  power     275 

to  participate  in  pro- 
vincial    council 

meetings    275 

rules  of  procedure,  to 

fix     275-276 

Principle  of  275 

Provincial  administrator, 
powers 


to    act    for    provincial 

executive  committee  275 
to    vote    in    committee  276 
Salaries    fixed    by    provin- 
cial council     274 

Term    274 

Vacancies  filled  by  pro- 
vincial council   . . .  275 

Provincial  House  of  Assembly: 
SA. — Franchise  taken  as  stand- 
ard    for    elections 
for    house    of    as- 
sembly        260 

Powers   of,   in   election   of 

senators     255 

Provincial  Revenue  Fund: 

SA. — Charges  upon   278 

Composition     278 

Established     278 

Moneys  paid  only  on  war- 
rant of  provincial 
administrator  . . .  278 
Provincial  council,  power 
of  appropriations 
over    278 

Provincial    Superintendent     (cp. 
State   Governor)  : 

NZ.— Created    79 

Elective;   resignations    ..79,  80 
Powers 

re  composition  of  pro- 
vincial council  ...     82 
re  legislation   ...84,  86,  87 
re  meetings  of  council    83 
to  prorogue  council  . .     83 
recommendation  neces- 
sary    for     appro- 
priations   by    pro- 
vincial council   ...     86 

transferred   144,  147 

of     warrant     for     ex- 
penditures         86 

Qualifications     81-82 

Record  of  assents  to  leg- 
islation          87 

Removal  by  crown  80 

Public  Service  Commission: 

SA. — Appointed    by     governor 

general     297 

Powers  of  permanent  com- 
mission    fixed    by 

parliament    297 

Recommendations  to  be 
carried  out  by 
governor    general.  297 


344 


INDEX 


Qualifications  for  Office: 

A. — House  of  representa- 
tives       211-212 

Parliament 

houses    decide    in    dis- 
putes     214-215 

qualifications  of  mem- 
bers     213-214 

Senate    208 

C. — House  of  commons   ...161,  163 

Senate    158-159,   161 

N.— Assembly   8,  21,  41,  46,  47 

Civil  service   19 

Council  7,  18 

NZ. — House  of  representatives     92 

Legislative  council   89 

Provinces 

councils      81-82 

superintendents     81-82 

Ontario  and  Quebec,  leg- 
islative   assemblies 

172-173 

Quebec,  legislative  council . .  170,  186 

SA. — House  of  assembly,   ....   264, 

266-267 

Provincial        administrator 

271-272 

Provincial  council    272 

Senate 

fixed  by  governor  gen- 
eral       254 

fixed  in  outline  by  con- 
stitution  .256,  266-267 

Quebec  : 

Legislative  assembly 

composition    171 

powers    re    electoral    divi- 
sions restricted   . .   171 
Legislative   council 

appointed      by     lieutenant 

governor    170 

composition    170 

qualifications       of       mem- 
bers      170,   186 

resignations,    tenure,    term 

170-171 
rules  of  procedure  outlined 

in  constitution     . .   171 
speaker  appointed  by  lieu- 
tenant   governor..   171 

speaker's  powers    171 

Legislature,  composition     170 

Lieutenant  governor,  power  to 
establish  local 
townships   and  fix 

boundaries    191 

Representation,  special  rules 
for  Quebec 

house  of  commons   165 

senate    158,  159 


Queensland,  special  provisions   re 
elections  to  Senate 205 

Race    (cp.   Natives)  : 

A. — Effect  of  racial  disfran- 
chisement in  states 
on  quotas  in  house 
of    representatives 

209-210 
SA. — House  of  assembly,  fran- 
chise, special  rules 
re   race   and  color 

259-260 

Railways  : 

A. — Provisions       against      dis- 
crimination in  race 
between   states    . .  233 
SA. — Colonial     railway     treaty 
to       be       carried 

out    299 

Controller  and  auditor 
general  to  inspect 
accounts  of  losses 
in  railways  and 
port  operations..  293 
Parliament,  approval  nec- 
essary for  con- 
struction of  rail- 
ways and  ports  . .  290 
Principles  of  administra- 
tion        291 

Railways  and  harbors  board 
appointed  by  governor 

general    290-291 

composition    290-291 

powers,      to      approve 

new  works    ....  292 
to   manage   railways 

and  ports    290 

removals,    salaries, 

term     290-291 

Railways  and  harbors  fund 

created     287-288 

Rates  to  be  uniform   292 

Subsidies    for    unprofitable 

works     292-293 

Referendum: 

A. — Constitutional  amendments, 

referenda  upon 239 

State    boundaries,    changes 

in     237 

Removal  from  Office: 

A. — House    of    representatives, 

speaker    212 

Interstate  commission, 

members    234 

Judges   removable  by  gov- 
ernor general    224 


INDEX 


345 


Removal  from  Office — Continued. 
C. — Privy    council    in    Canada, 

members    155 

N. — Council,  members   7,  17-19 

NZ. — Provincial  superintendent     80 
SA. — Controller     and     auditor 

general     293-294 

Executive  council  to  ad- 
vise    governor     re 

removals    253 

Governor     general,     power 

of  removals    253 

House     of     assembly, 

speaker    264 

Provincial   administrator..  272 

Provincial  auditor    280 

Railways     and     h  a  r  b  o  rs 

board,  members  290-291 

Senate,  president   256 

Supreme    court    of    South 

Africa,    members.  283 

Representative  Government: 

N. — Anticipated    3-4,   9 

Established     4-51 

Granted    8,  21 

NZ.— Established     78-110 

Granted     78 

Reserved  Bills: 

A. — Governor    general,    power 
to  reserve  bills  for 

crown     221 

Reserved  bills,  when  ef- 
fective     221 

C. — Governor     general,     power 
to  reserve  bills  for 

crown     166 

Provinces,     reserved     bills 

in    174-175 

Record  of  assents  to  re- 
served bills  in  Do- 
minion       167 

When  effective   167 

When  void    167 

NZ. — General   assembly 

bills    on    certain    sub- 
jects  reserved   for 

crown    102,  150 

when  effective   98 

when  void  98 

Provinces 

bills  on  certain  sub- 
jects reserved  for 
governor's  assent.  87 
record  of  governor's 
assents  to  re- 
served bills     87-88 

when  effective   87 

when  void   88 


SA. — Union 

governor  general,  power 
to      reserve      bills 

for  crown   270 

required  to  reserve 
bills  on  certain 
subjects  for  crown, 
including  consti- 
tutional amend- 
ments     270 

reserved     bills,     when 

effective     271 

Provinces 

governor  general,  power 
to  reserve  ordi- 
nances for  fur- 
ther  consideration  279 

reserved       ordinances, 

when  effective   . . .   279 

Resident  Commissioner  for  Fed- 
eral Territory,  official  provided 
for    (SA)     303 

Responsible  Government: 

N. — Alternatives  suggested  ...     57 

Demand  for    52-54 

Election  expenses  put  upon 

candidates     54 

Governor,        position        re 

59-60,  63,  65 

Granted     52 

Indemnification  of  dis- 
placed office-hold- 
ers          53 

New  elections  to  establish    68 
Obstruction    in    legislature 
pending  grant 

56,  57,  60,  62 
Parties     and     religion     re 

55-58,    60,    62,    66,    67 

Prerequisites    53 

NZ.— Attempted   122 

Demanded     122 

Governor  encourages  125 

Granted    110,  119,  125 

Imperial  and  colonial  ques- 
tions re   132-133 

Imperial       government 

111-112,  120 
Imperial      interests      pro- 
tected        132 

Indemnification  of  dis- 
placed office-hold- 
ers     Ill,  130-131, 

134,   136 
Legislation      by      imperial 
parliament         not 
necessary     to     es- 
tablish     111-112 


346 


INDEX 


Responsible   Government — Cont. 

Ministry     given     time     to 

reorganize  115, 117, 121 

Negotiations     involved     in 

establishing    . .  131-132 

New  elections  to  estab- 
lish.. 115,  117,  118,  121 

Obstruction    in    legislature 

pending  grant  126,  127 

Party  conflicts  and  re- 
sponsible govern- 
ment   122,  128,  129 

Prerequisites     ..110-112,     114, 

115,  119,  120,  130,  131, 

134-136 

Principles    of    ..125,    127-128, 
132-133,        135,        139 

Sectional   interests    ..113,   116, 
126,   128 

Revenue: 

A. — Riders    on    revenue    bills 

forbidden    219 

Senate 

forbidden   to  originate 
revenue     and    ap- 
propriation bills . .  218 
power  re   revenue  and 
appropriation  bills 

restricted    218-219 

C. — Revenue  and  appropria- 
tion bills  orig- 
inate  in   house  of 

commons      166 

Revenue  bills  in  provinces 
originate  in  lower 

houses    174-175 

N. — Governor,     duties    of,     re 
revenue     and     ex- 
penditures 25, 30, 32-33 
NZ. — Customs    duties    revenue 

subject  to  audit..  99 
Lands,  revenue  and  expen- 
diture in  purchase 
and  sale  ..99,  105-106 
SA. — Revenue  and  appropria- 
tion bills  originate 
in  house  of  as- 
sembly      268 

Senate,  powers  re  revenue 
and  appropriation 
bills  restricted     . .  269 


Rotation,  schedule   of  partial   re- 
newal in  senate    (A)    206,  207 


Rules  of  Procedure: 

A. — House  of  representatives, 
rules  fixed  by  con- 
stitution       212 


Parliament,  rules  subject 
to  regulation  by 
houses    215 

Senate,  rules  fixed  by  con- 
stitution      209 

C. — House  of  commons,  rules 
fixed  by  constitu- 
tion        164 

Senate,    rules    outlined    in 

constitution    161 

N. — Assembly,    rules    outlined 

by  constitution    . .     43 

Council,    quorum    fixed   by 

constitution 7,  17 

Legislation,  procedure  out- 
lined by  constitu- 
tion     9,  24 

NZ. — House  of  representa- 
tives, power  to  fix 
rules     94-95 

Legislative  council,  rules 
fixed  by  constitu- 
tion   90,  94-97,  101 

Provincial  councils,  rules 
fixed  by  constitu- 
tion      85-87 

Ontario    and    Quebec,    legisla- 
tive assemblies  173-174 
Quebec,      legislative       council, 
rules  fixed  by  con- 
stitution      171 

SA. — House  of  assembly,  rules 
fixed  by  constitu- 
tion       265 

Parliament,  rules  outlined 
in  constitution  sub- 
ject to  regulation 
by  parliament   . . .  268 

Provincial  council,  power 
to     fix     rules     of 

procedure    274 

Provincial  executive  com- 
mittee, power  to 
fix  rules    275-276 

Senate,    rules    outlined    by 

constitution    257 

Salary: 

A. — Governor  general,  salary 
provided  as  pre- 
requisite to  fed- 
eration      204 

Interstate  commission, 
salaries  of  mem- 
bers fixed  by  par- 
liament     234 

Judges,    salaries    fixed    by 

parliament  ...218,  224 

Ministers  of  state    222 

C. — Governor  general    182 

Judicial  officials,  regu- 
lated by  parlia- 
ment       181 


INDEX 


347 


Salary — Continued. 

Lieutenant  governor,  regu- 
lated by  parliament  168 
N. — Civil  service,  salaries   and 
fees    to    be    mod- 
erate          29 

Lieutenant  governor,  when 

acting  as  governor    39 
SA. — Governor  general,  salary 
fixed   by   constitu- 
tion   and    legisla- 
tion restricted  . . .  252 

House  of  assembly   ...267-268 

Provincial   administrator..  272 

Provincial  auditor,  fixed 
by  governor  gen- 
eral      280 

Provincial  council,  fixed 
by  governor  gen- 
eral      274 

Provincial  executive  com- 
mittee, fixed  by 
provincial    council  274 

Railways       and       harbors 

board     290-291 

Senate    267-268 

Supreme  court  of  South 
Africa,  fixed  by 
parliament    283 

Schools  and  Education: 

C. — Parliament,  powers  re  edu- 
cation in  provinces  179 
Provinces,  schools  and  edu- 
cation      178-179 

Religion,  protection  for 
religious    interests 

in  schools   178-179 

N. — Governor,   powers   to   fos- 
ter    schools     and 

education    36 

SA. — Funds  paid  to  provinces 

for  education    . . .  288 

Seat  of  Government: 

A. — Federal      district,     provi- 
sions for  238 

Location  and  choice  there- 
of, regulations    . .  238 
Parliament,  exclusive  power 

over    218 

C. — Dominion,  seat  of  govern- 
ment     established 

at  Ottawa  157 

Provincial  seats  of  gov- 
ernment        169 

SA. — Constitution,  seat  of  gov- 
ernment located  by  253 
Indemnification     of     cities 
for   losses    due   to 
removal     294-295 


Parliament,  place  of  meet- 
ing      254 

Provinces,  seats  of  gov- 
ernment       280 

Supreme    court,    place    of 

sitting    285 

Sectional  Interests: 

A. — Western  Australia.customs 
duties,  special  con- 
sideration     231-232 

federation,     special 

rules    201-202,  210 

N. — Special  rules  re  admis- 
sion to  Dominion.   192 

NZ. — Sectional  interests  and 
responsible  gov- 
ernment     113,   116, 

126,  128 

Prince  Edward  Island,  special 
rules  re  admission 
to    Dominion . .  192-193 

SA. — Bases  of  electoral  dis- 
tricts      262 

Indemnification  of  cities 
for  losses  due  to 
removal  of  seats 
of  government  294—295 

Senate  (cp.  Legislative  Council)  : 
A. — Composition 

altered  by  constitu- 
tional   amendment 

(1907)    241 

fixed  by  constitution, 
subject  to  regu- 
lation by  parlia- 
ment     205,  237 

Elections 

certificate  of  results 
by  state  governor 
to  governor  gen- 
eral     205,  207-208 

constitutional  amend- 
ment       241 

rules  fixed  in   part  by 

constitution    205 

states,     election     rules 

to  be  uniform   .  . .  206 
subject    to    regulation 

by   parliament   205,206 
vacancies,   elections   to 

precede    207 

within  ten  days  of  dis- 
solution         206 

Franchise    205 

Governor  general,  power  to 

dissolve    220 

House  of  representatives, 
conflicts  with,  how 
resolved     219-221 


348 


INDEX 


Senate — Continued. 

Powers  of  legislation  re 
revenue  and  ap- 
propriations re- 
stricted     218-219 

President 

election ;      election     of 

substitute    208 

power  to  vote   209 

Qualifications    208 

Quorum  fixed  by  constitu- 
tion, sub  j  ect  to 
regulation  by  par- 
liament      208 

Resignations;        loss        of 

seat    208 

Revenue  and  appropriation 
bills    forbidden   to 

originate      218 

Rotation    of    members    by 

partial  renewal  206,  207 
Rules    of    procedure    out- 
lined by  constitu- 
tion       209 

Single  voting  in  elec- 
tions    205 

States 

elections      called      by 

governors    206 

original  states,  special 
rules  for  repre- 
sentation     205 

parliaments,  powers  to 

regulate     elections  206 
Vacancies 

filled  by  elections   for 

remainder  of  terms  207 
filled  by  parliaments 
or  governors  of 
states  ad  interim.  207 
notification  by  presi- 
dent or  governor 
general     to     state 

governors    208 

C. — Appointed  by  governor 
general     for     life 

159,  160,  161,  186 
Composition  158,  159-160,  192 
Membership,    additions    to 

159,  192 
Qualifications    ....158-159,   161 
Quorum,    fixed    by    consti- 
tution,   subject   to 
regulation  by  par- 
liament        161 

Resignations ;        loss        of 

seat   160,  161 

Speaker,  named  by  gov- 
ernor general    . . .   161 

Vacancies     160,  161 

Quebec,  special  rules  re  rep- 
resentation in  sen- 
ate    158,  159 


Queensland,  special  rules  re  elec- 
tions   of    senators  205 
SA. — Appointment    of    certain 
senators    by    gov- 
ernor general  254,  255 
Composition 

original,  and  final  254-255 
power     of     parliament 
re    final    composi- 
tion        255 

Elective  members 

original  provinces    . . .  254 

provinces     255 

rules  re  elections ; 
powers  of  provin- 
cial councils  and 
provincial     houses 

of  assembly   255 

Governor   general 

to  dissolve    254 

to  regulate  elections . .  256 
House    of    assembly,    joint 

sessions  with    ....  268 
Parliament 

integral  part  of   253 

powers  on  revenue  and 
appropriation  bills 

restricted    269 

privileges       and       im- 
munities fixed  by.  268 
President 

election  of;  substi- 
tute      256-257 

power  of,  to  vote   ....  257 
resignation,      removal, 

loss  of  oflice 256 

Proportional  representation 

used   in   elections.  295 
Provincial    council    selects 
senators      to      fill 
vacancies;  original 

rule     255 

Qualifications 

in  general  254,  256,  266-267 
senators      named      for 
representation     of 

natives     254 

Quorum     257 

Resignation,  loss  of  seat, 
penalty  for  illegal 

sitting   257,  267 

Rules  of  procedure  out- 
lined by  constitu- 
tion       257 

Salaries    267-268 

Term    255 

Sessions  : 

A. — Parliament 

annual  sessions   205 

joint  sessions     219-220 

C. — Parliament,      annual      ses- 
sions        157 


INDEX 


349 


Sessions — Continued. 

NZ. — Provincial  councils    83 

Ontario    and    Quebec,    legisla- 
tive assembly  ....  173 
SA. — Parliament 

annual  sessions    254 

joint  sessions     268 

times  of  sessions  fixed 
by  governor  general  253 
Provincial  councils,  annual 

sessions   274 

South  Africa,  Union  of  (organi- 
zation) : 

Boundaries,  application  of  Co- 
lonial  Boundaries  Act  251 
Colonies 

civil  service  transferred  to 

Union     297 

debts  assumed  by  Union..  290 
naturalization    effective    in 

Union     296 

properties     and     property 
rights    transferred 

to  Union     289-290 

rights       and       obligations 
under  treaties 

transferred  to 

Union    299 

Finance 

commission  on  relation  be- 
between  Union  and 

provinces     288 

transfer    of    colonial    bal- 
ances to  Union  289,  292 
Free    trade    established,     sub- 
ject  to    regulation    by 

parliament    296 

Governor     general     represents 

crown  in  Union    251 

Historical  re'sume'    244 

Justice,     organization     of     the 

administration     296 

Languages,  English  and  Dutch 

official   296,  298 

Legislation  superior  to  pro- 
vincial    legislation     in 

case  of  conflict   278 

New  members,  power  of  crown 

to  admit  to  Union  . .  299 
Principle:  a  legislative  Union.  250 
Railway,  colonial  treaty  to  be 

carried  out  299 

Supreme  court,  execution  of 
process  of  appellate 
division  throughout  the 
Union     286 

Speaker: 

A. — House  of  representatives 
election,  removal, loss  of 

office,  resignation.   212 


power  212 

C. — House   of  commons 

election    164 

powers  and  duties   . . .   165 
Senate,  appointed  by  gov- 
ernor general  ....   161 
NZ. — House  of  representatives, 

election    93 

Legislative  council   90 

Provincial  councils 

election    85 

powers     85 

Ontario  and  Quebec,  legisla- 
tive assembly, 
election  and  pow- 
ers      173-174 

Quebec,  legislative  council,  ap- 
pointment by  lieu- 
tenant      governor, 

and  powers    171 

SA. — House  of  assembly 

election,  loss  of  office, 
removal,  resigna- 
tion      264-265 

power     265 

State  Constitutions  left  intact, 
subject  to  amendment  in  states, 
except  as  altered  by  Common- 
wealth constitution   (A)    234 

State  Executive  Council  advise 
state  governor  re  appointments 
of  senators  ad  interim  (A)    ....  207 

State  Governors: 

A. — Certify  results  of  elections 
to  governor  gen- 
eral     205,  207-208 

Senate  (of  Commonwealth) 

call  elections  in  states  206 
receive   notification   or' 

vacancies     208 

vacancies  filled  by,  ad 

interim     207 

Substitutes    235 

State    Parliaments    (cp.   Legisla- 
tive   Assembly)  : 
A. — Powers 

continued  as  at  fed- 
eration except  as 
altered  by  Com- 
monwealth consti- 
tution       210 

re  elections,  to  house  of 

representatives  210, 211 

to  senate 206 

to     fill     vacancies     in 

senate   ad   interim  207 


350 


INDEX 


States  (cp.  Colony  and  Province)  : 
A. — Boundaries,  power  of  par- 
liament   of    Com- 
monwealth to  alter   237 
Civil  service 

departments  trans- 
ferred to  Com- 
monwealth 223, 228-229 
pensions  and  allow- 
ances of  state  of- 
ficials assumed  by- 
Commonwealth  . .  228 
Commonwealth 

commerce    power    lim- 
ited re  states  ....  233 
immunity  and  incapac- 
ity re  taxation   . .  236 
jurisdiction,      conflicts 

over,  provided  for  225 
offenders  against  Com- 
monwealth, coop- 
eration in  deten- 
tion and  punish- 
ment     237 

protection  from  Com- 
monwealth against 
invasion  or  riot  . .  237 
suits  against  Common- 
wealth, parlia- 
ment's    power    to 

regulate     226 

Constitutions  left  intact 
subject  to  amend- 
ment in  states, 
except  as  altered 
by  Commonwealth 

constitution    234 

Currency       and      coinage, 

powers  restricted.  236 
Customs  duties 

audit  of  customs  du- 
ties receipts  by 
officials  of  Com- 
monwealth ...232-233 
share  of  states  in  fed- 
eral customs  re- 
ceipts   230,  231 

Debts 

assumption    by    Com- 
monwealth 229, 234, 242 
constitutional     amend- 
ment      242 

Election  rules  in  senatorial 
elections      to      be 

uniform     206 

Finance,  assistance  to  states 

by  Commonwealth  232 
Franchise,  adult  suffrage 
subject  to  dis- 
count in  referenda 
on  constitutional 
amendments  ..239-240 
Interstate  comity   236 


Laws 

bounties     and     duties, 

laws   superseded . .  229 
federal    laws    supreme 
over  state  laws  in 
case     of     conflict 

202,  206,  235 
state   laws    left   intact 
subject    to    Com- 
monwealth   consti- 
tution      235 

Natives     not     counted     iu 

population    239 

Naturalization  by  states..  212 
New  states,  creation  of,  by 
addition    or    divi- 
sion of  old  states.   238 
Powers 

to   levy   commerce   in- 
spection laws  ....  236 
military      and      naval 

forces  forbidden  .  236 
over    intoxicating    liq- 
uors, complete  . . .  236 
Property    taken    over    by 
Commonwealth  with 
indemnification  228-229 
Racial  disfranchisement,  ef- 
fect on  state  quota 
for  house  of  rep- 
resentatives   ..209-210 
Railway   rates,  discrimina- 
tion forbidden    ..  233 
Referendum   provided    for 
changes     in     state 

boundaries    237 

Territory,  provision  for 
surrender  to  Com- 
monwealth     235 

States,  style  used  for  "  colonies  " 
federated    (A)    202 

Style  of  Laws  and  Terms: 

A.— Commonwealth     201-202 

Commonwealth  of  Austra- 
lia Constitution  Act  201 
Governor  general  in  coun- 
cil     222 

High  court  of  Australia. .  223 
Oath    taken    by    executive 

councillors    240 

Original  state    202 

The    parliament;    the    par- 
liament     of      the 
Commonwealth    . .  204 
C. — British      North      America 

Acts  154,  193,  196,  198 
Canada,  the  federal  union  154 
Dominion,  the  federal  union  154 
Governor  general  in  council  156 


INDEX 


351 


Style  of  Laws  and  Terms — Cont. 

The  Dominions   311 

N. — Style     of    laws     and     tax 

warrants     21,  25 

SA  —  Cape  of  Good  Hope 250 

Colonies     250 

Governor  general  in  council  252 
House       of       parliament, 
houses    of    parlia- 
ment       250 

Natal     250 

Oath,    taken    by    members 

of  parliament    . . .  265 
Orange   River  Colony,   old 

style     250 

restvled    Orange    Free 

"State     251 

Parliament      250 

South  Africa  Act 250 

Transvaal    250 

The  Union   250 

Subventions  to  local  govern- 
ments, from  Dominion  to  prov- 
inces for  civil  lists  (C)    184 

Supreme  Court  of  South  Africa 
(cp.  High  Court,  General  Court 
of  Appeal)  : 

Appellate  division 

created ;  composition   281 

execution      of     process 
throughout         the 

Union    286 

judges    assigned    by    gov- 
ernor general    . . .  281 

jurisdiction     283-284 

registrar       appointed       by 

governor  general. .  286 

to  sit  at  Bloenfontein 285 

Cape  of  Good  Hope,  rules  of 
appeal      adopted      ad 

interim    285 

Colonies 

colonial  supreme  courts 
made  provincial 
divisions  under 
judges-president  .  281 
existing  courts  made  local 
divisions  of  su- 
preme court  of 
South  Africa  .281-282 
transfer  of  suits  from  co- 
lonial courts    287 

Composition     281 

Crown,  appeals  to,  restricted 
and  legislation  re 
appeals    restricted 

284-285 
Established     281 


Federal  territory,  appeals  from  306 
Judges 

appointed       by      governor 

general     283 

reduction   in   number    ....  283 
Jurisdiction 

appellate  jurisdiction  over 

superior  courts  283-284 
of  the  superior  court   ....  282 
Powers  of  judges 

to  make  rules  re  appeals..  285 
to  make  rules  re  local  and 

provincial  divisions  285 
Quorum    of    appellate    division 
lixed        by       constitu- 
tion     285-286 

Removal  of  members   283 

Rules  re  advocates  and  at- 
torneys     286-287 

Salaries     283 

Transfer  of  suits  among  local 
and  provincial  divi- 
sions       286 

Supreme  Courts: 

A. — Appeals  to  crown  in  coun- 
cil from  state  su- 
preme courts 
transferred  to  high 
court    224-225 

SA. — Supreme  courts  of  col- 
onies made  pro- 
vincial divisions 
of  supreme  court 
of  South  Africa..  281 

Suspending  Clause  in  Legislation 
necessary  in  certain  cases  (N)  21,  24 

Synopsis  of  Constitution: 

A. — Synopsis  contained  in  sta- 
tute      203 

SA. — Svnopsis      contained      in 

statute  245-249 

Taxation  : 

A. — Powers   of  parliament    . . .  215 
C. — Powers  of  parliament   ....   166 

Provinces    185-186 

SA.— Powers  of  parliament  268-269 

Tenure: 

C. — Judicial  officials   181 

Lieutenant  governor   . . 167-168 

Privy  councillors    155 

Senate 

members  159,  160,  161,  186 

speaker    161 

N.— Civil  officials   28 


352 


INDEX 


Tenure — Continued. 

Governor     20 

NZ. — Legislative  councillors  74,  89 
Quebec,  legislative  councillors.  170 
SA. — Controller     and     auditor 

general     293 

Executive  councillors.  .252,  253 

Governor  general   251 

Heads  of  departments   . . .  252 

Term  of  Office: 

A. — House  of  representatives..  210 
Interstate  commission   ....  234 

Senate   205,  206,  207 

SA. — House  of  assembly   264 

Provincial    administrators.  272 
Provincial  councillors    ....  273 
Provincial    executive    com- 
mittee,   members . .   274 
Railways       and       harbors 

board,  members  290-291 


Transition  Provisions: 

A.— 1900   ..203,  205,  206,  210,  218, 
227,   229-231 

1907      241-242 

C— 1867    157,     159, 

161-164,        167,       168, 
172,        174,        182-190 

1871     194 

1875    196 

1886    197-198 

NZ.— 1852   87,  83,  92,  109 

1854-1855... 114,   115,   117,   118 
120,  121 

1875 143,  145,  146-150 

SA.— 1909  .  .251,  254,  256,  264,  278, 

282,  285,  286,  287,  289, 

291-292 

Western  Australia,  special  con- 
sideration at  establishment  of 
federation    201-202,  210 


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